Ghanem v State Parole Authority of New South Wales [2014] NSWSC 1666

Supreme Court New South Wales

Medium Neutral Citation: Ghanem v State Parole Authority of New South Wales [2014] NSWSC 1666 Hearing dates: 17 November 2014 Decision date: 24 November 2014 Before: R A Hulme J Decision: 1. Summons dismissed. 2. The plaintiff is to pay the costs of the second defendant. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of State Parole Authority to refuse parole - serious offender - lengthy period of time in custody from young age - no "absence of evidence" for conclusion that external leave programs necessary for release - assessments by Community Corrections and Serious Offenders Review Council that there was a need to determine ability to adapt to normal lawful community life - no inflexible application of Operating Guidelines or failure to have regard to personal circumstances - no failure to take into account mandatory considerations - fact that plaintiff had spent a lot of adult years in custody was not irrelevant Legislation Cited: Crimes (Administration of Sentences) Act (1999) (NSW) Cases Cited: Esho v Parole Board Authority of NSW [2006] NSWSC 304 Ghanem v R [2008] NSWCCA 4 R v Chami, M Skaf, Ghanem, B Skaf [2004] NSWCCA 36 R v Skaf, Ghanem & Hajeid [2004] NSWCCA 74 Category: Principal judgment Parties: Mohamed Ghanem (Plaintiff) State Parole Authority of New South Wales (First Defendant) Attorney General of NSW (Second Defendant) Representation: Counsel: Mr C Waterstreet (Plaintiff) Ms N Adams SC with Ms B Baker (Second Defendant) Solicitors: Aquila Lawyers NSW Crown Solicitor File Number(s): 2014/290445