Jonathon Davison v Commissioner for Corrective Services [2011] NSWSC 699

Supreme Court New South Wales

Medium Neutral Citation: Jonathon Davison v Commissioner for Corrective Services [2011] NSWSC 699 Hearing dates: 21 June 2011 Decision date: 07 July 2011 Before: McCallum J Decision: The plaintiff have leave under s 4 of the Felons (Civil Proceedings) Act 1981 to institute these proceedings. The decision of the first defendant made on 13 October 2010 not to reduce the plaintiff's security classification from C1 to C2 and not to change the plaintiff's centre of placement be set aside. The decision of the second defendant made on 19 October 2010 to advise the third defendant that it was not appropriate for Mr Davison to be considered for release to parole be set aside. Catchwords: ADMINISTRATIVE LAW - serious offender - decision refusing reduction in classification - whether recommendation of Serious Offenders Review Council taken into consideration - whether rule or policy as to sex offenders who deny sexual component of offence inflexibly applied - decision of Review Council not to recommend consideration for parole - adequacy of reasons Legislation Cited: Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2008 Felons (Civil Proceedings) Act 1981 Supreme Court Act 1970 Cases Cited: Associated Provincial Picture Houses Limited v Wednesbury [1948] 1 KB 223 DCU v State Parole Authority of New South Wales [2006] NSWSC 526 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Galli v NSW State Parole Authority [2006] NSWSC 206 at [7 Green v Daniels (1977) 13 ALR 1 ID, PF and DV v Director General, Department of Juvenile Justice (2008) NSWSC 966 at [284]. Modica v Commissioner for Corrective Services (1994) 77 A Crim R 82 Mott v Queensland Community Corrections Board (1995) 2 Qd R 261 R v Secretary of State for the Home Department Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Ex parte Venables [1998] AC 407 at 496-497 Category: Principal judgment Parties: Jonathon Davison (plaintiff) Commissioner for Corrective Services (first defendant) Serious Offenders Review Council (second defendant) NSW State Parole Authority (third defendant) Attorney General of New South Wales (fourth defendant) Representation: R Burgess (plaintiff) A C Johnson (first and fourth defendants) Legal Aid NSW (plaintiff) Crown Solicitor (first and fourth defendants) Submitting appearances filed for second and third defendants File Number(s): 11/105735 Publication restriction: None