Boatswain v State Parole Authority [2014] NSWSC 501

Supreme Court New South Wales

Medium Neutral Citation: Boatswain v State Parole Authority [2014] NSWSC 501 Hearing dates: 8 April 2014 Decision date: 30 April 2014 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. An order in the nature of certiorari, pursuant to the terms of s 69 of the Supreme Court Act 1970 (NSW), quashing the decision of the State Parole Authority made on 2 July 2013 in relation to Warwick Boatswain. 2. An order, in the nature of mandamus, pursuant to the terms of s 65 and s 69 of the Supreme Court Act 1970 (NSW) that the State Parole Authority convene and fulfil its public duty by determining the application for parole by Warwick Boatswain in accordance with law. 3. The second defendant is to pay the costs of the plaintiff as agreed or assessed. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of State Parole Authority - Serious Offenders Review Council recommended offender be "considered for release on parole" - final decision of Parole Authority to refuse parole did not constitute rejection of advice of Serious Offenders Review Council - error in finding that offender lacked motivation for undertaking therapy or rehabilitation at hearing - erroneous finding was influential in final decision - failure to put finding to offender at hearing constituted denial of procedural fairness - lack of evidence regarding conduct in community was relevant consideration - potential for proceedings under Crimes (High Risk Offenders) Act 2006 (NSW) was not a material consideration - orders in the nature of certiorari and mandamus made CRIMINAL LAW - parole - application for direction under s 155 Crimes (Administration of Sentences) Act 1999 (NSW) refused - absence of "false, misleading or irrelevant" information PROCEDURE - judicial review - person serving sentence for serious indictable offence does not require leave in order to challenge the decision of the State Parole Authority to refuse parole - Felons (Civil Proceedings) Act 1981 (NSW), s 4 Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Annetts v McCann [1990] HCA 57; 170 CLR 596 Esho v Parole Board Authority of NSW [2006] NSWSC 304 Patsalis v State of New South Wales [2012] NSWCA 307 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 9 December 2004 at 13,815 Category: Principal judgment Parties: Warwick Boatswain (Plaintiff) State Parole Authority (First defendant) Attorney General of New South Wales (Second defendant) Representation: Counsel: Ms S Callan (Plaintiff) Mr L Fernandez (Second defendant) Solicitors: Legal Aid NSW Crown Solicitor File Number(s): 2014/27628