MOEFILI v STATE PAROLE AUTHORITY & ANOR [2009] NSWSC 1146

Reported Decision : 76 NSWLR 555

New South Wales Supreme Court

CITATION : MOEFILI v STATE PAROLE AUTHORITY & ANOR [2009] NSWSC 1146 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Tuesday 27 October 2009

JUDGMENT DATE : 29 October 2009

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : The summons is dismissed.

CATCHWORDS : ADMINISTRATIVE LAW - whether parole conditions imposing non-association and place restrictions on parolee should be set aside - whether the term "outlaw motorcycle gang" was so uncertain as to be ultra vires - the phrase "specified person" in s 128A of the Crimes (Administration of Sentences) Act extends to the plural - "specified persons" need not be named but can be described by membership of an organisation or class - however, conditions attached to parole should be reasonably precise in order for an offender to understand the requirements they impose - the term "outlaw motorcycle gang" is in current usage and it could be inferred from the evidence that the parolee understood its meaning - no uncertainty or ambiguity found - summons dismissed

Adoption Act 1955 Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Felons (Civil Proceedings) Act 1981 Interpretation Act 1987 Justice Legislation Amendment (Non-Association and Place Restriction) Act 2001

A v B [1969] NZLR 534 Cann's Pty Limited v Commonwealth (1946) 71 CLR 210 Coco v The Queen (1993-1994) 197 CLR 427 DCU v State Parole Authority of New South Wales [2006] NSWSC 526 King Gee Clothing Co Pty Limited v Commonwealth (1945) 71 CLR 184 CASES CITED : McCallum v Parole Board [2003] NSWCCA 294 Power v The Queen (1973) 131 CLR 623 Regina v Bugmy [2004] NSWCCA 258 Regina v JJS [2005] NSWCCA 225 Regina v Simpson (2001) 53 NSWLR 704 White v State Parole Authority of NSW [2007] SWSC 299