Ayoub v NSW Parole Authority [2014] NSWSC 516

Supreme Court New South Wales

Medium Neutral Citation: Ayoub v NSW Parole Authority [2014] NSWSC 516 Hearing dates: 1 May 2014 Decision date: 05 May 2014 Jurisdiction: Common Law Before: Adamson J Decision: Dismiss the application. Catchwords: APPLICATION - application under s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) against decision of the NSW Parole Authority - abuse of process -no evidence of Authority failing to take into account importance of a period of parole before the conclusion of offender's sentence - score on Static 99 a matter of opinion rather than fact - no false, misleading or irrelevant information Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 155 Cases Cited: R v Naudi [2003] NSWCCA 160 Category: Principal judgment Parties: Ronnie Ayoub (Plaintiff) NSW Parole Authority (Defendant) Representation: Counsel: Plaintiff in person G Faramarzi (Solicitor) (Defendant) Solicitors: No instructing solicitor (Plaintiff) Crown Solicitor (Defendant) File Number(s): 2013/311719 Publication restriction: Nil

Judgment

Introduction 1Mr Ayoub is presently in custody serving a term of imprisonment of four years and six months, which commenced on 27 February 2010 following his conviction of the following offences: sexual intercourse without consent; inflict actual bodily harm with intent to have sexual intercourse with victim and two counts of act with intent to pervert the course of justice. 2His three-year non-parole period expired on 26 February 2013. His application for parole was refused in January 2013. He commenced these proceedings by application filed on 11 October 2013. However, before his application was heard, the State Parole Authority (the Authority) considered again whether he ought be released on parole. On 9 January 2014, the Authority refused his application for parole. 3When the matter came before me, as Duty Judge, for hearing on 1 May 2014, Mr Ayoub sought to amend his application, in order to challenge the refusal on 9 January 2014. The grounds of the application remain the same. As there was no objection to the amendment by the Attorney-General, I allowed the amendment.