Murray v NSW State Parole Authority [2008] NSWSC 962

New South Wales Supreme Court

CITATION : Murray v NSW State Parole Authority [2008] NSWSC 962

HEARING DATE(S) : 8 September 2008, 10 September 2008

JUDGMENT DATE : 17 September 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) An order in the nature of certiorari quashing the determination of the Authority of 20 March 2008 revoking the parole order applicable to David James Murray; (ii) An order in the nature of certiorari quashing the determination of the Authority of 28 April 2008 confirming the revocation of parole made on 20 March 2008; DECISION : (iii) The two above-mentioned orders shall take effect on and from 12noon 19 September 2008; (iv) The parties have liberty to apply in writing for any further order, including any order for costs. Such application shall be made in writing with accompanying written submissions within seven days of the date hereof and any reply thereto may be filed within a further seven days; (v) The proceedings are otherwise dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – revocation of parole by Parole Authority – insufficiency of reasons – wrong test – difference between test for grant of parole and revocation – difference between "unlikely to be able to adapt" and "inability to adapt" – no evidence – orders issued.

Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED : Crimes (Administration of Sentences) Regulation 2008 Crimes (Sentencing Procedure) Act 1999

CATEGORY : Principal judgment

Al Qatrani v Parole Authority of New South Wales [2007] NSWSC 1270 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 CASES CITED : Australian Gas Light Company v Valuer-General (1940) 40 SR(NSW) 126; (1940) 57 WN(NSW) 53 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Esho v Parole Board Authority of NSW [2006] NSWSC 304 Ex parte Hebburn Ltd v Kearsley Shire Council (1947) 47 SR(NSW) 416; (1947) 64 WN(NSW) 107