Hudson v NSW State Parole Authority [2010] NSWSC 287

New South Wales Supreme Court

CITATION : Hudson v NSW State Parole Authority [2010] NSWSC 287

HEARING DATE(S) : 31 March 2010

JUDGMENT DATE : 22 April 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : Application dismissed.

CATCHWORDS : Criminal law - parole - s 155 Crimes (Administration of Sentences) Act 1999.

LEGISLATION CITED : Crimes (Administration of Sentence) Act 1999

LMS v Parole Board (1999) 110 A Crim R 172 CASES CITED : McCamley v Offenders Review Board (unreported, NSWCCA, 9 February 1994) Jim Lee v State Parole Authority of New South Wales [2006] NSWSC 1225 Rozynski v Parole Board of New South Wales [2003] NSWCCA 214

PARTIES : Thomas William Hudson (Applicant) NSW State Parole Authority (Respondent)

FILE NUMBER(S) : SC 2010/52750

COUNSEL : In person (Applicant) C. Lonergan (Respondent)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Thursday 22 April 2010

2010/52750 THOMAS WILLIAM HUDSON v NSW STATE PAROLE AUTHORITY

JUDGMENT

Introduction 1 The applicant, Thomas William Hudson, was convicted at trial of three offences, namely attempting to manufacture ephedrine, attempting to manufacture methylamphetamine and conspiring with others to manufacture ephedrine. 2 He was sentenced for each offence to imprisonment for a non parole period of three years commencing on 17 August 2006 and expiring on 16 August 2009 with a balance of term of two years commencing on 17 August 2009 and expiring on 16 August 2011. The sentences were to be served concurrently. 3 On 2 July 2009 the respondent, NSW State Parole Authority, directed that the applicant be released to parole on 16 August 2009. The parole order contained a number of conditions, including: "3. The offender must, while on release on parole, adapt to normal lawful community life."