David John Marlin v NSW State Parole Authority [2009] NSWSC 68

New South Wales Supreme Court

CITATION : David John Marlin v NSW State Parole Authority [2009] NSWSC 68

HEARING DATE(S) : 10/02/09

JUDGMENT DATE : 20 February 2009

JURISDICTION : Common Law

JUDGMENT OF : Hislop J at 1

DECISION : Application is dismissed.

CATCHWORDS : CRIMINAL LAW - parole - s 155 Crimes (Administration of Sentences) Act 1999.

LEGISLATION CITED : Crimes Act 1900 Crimes (Administration of Sentences) Act 1999

CATEGORY : Principal judgment

Jim Lee v State Parole Authority of New South Wales [2006] NSWSC 1225 CASES CITED : McCafferty v Offenders Review Board (Court of Criminal Appeal 19 June 1995 – unreported) Rozynski v Parole Board of New South Wales [2003] NSWCCA 214

PARTIES : David John Marlin (Plaintiff) NSW State Parole Authority (Defendant)

FILE NUMBER(S) : SC PA0013/2008

COUNSEL : In person (Plaintiff) G Denman (Defendant)

SOLICITORS : In person (Plaintiff) Crown Solicitor's Office (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

20 February 2009

PA0013/2008 DAVID JOHN MARLIN v STATE PAROLE AUTHORITY OF NEW SOUTH WALES

JUDGMENT 1 HIS HONOUR: The applicant (David John Marlin) pleaded guilty to an offence of aggravated sexual intercourse without consent pursuant to s 61 J(1) of the Crimes Act 1900. 2 He was sentenced for this offence to imprisonment for a non-parole period of three years commencing on 30 September 2005 and expiring on 29 September 2008 with a balance of term of two years commencing on 30 September 2008 and expiring on 29 September 2010. 3 On 28 August 2008 the respondent (State Parole Authority of New South Wales) determined that the applicant "not be released from a correctional centre at this time for the following reason(s) "Need to further address offending behaviour (sexual offending / AOD / violence)."