Potier v Parole Authority of NSW [2016] NSWSC 39

Supreme Court New South Wales

Medium Neutral Citation: Potier v Parole Authority of NSW [2016] NSWSC 39 Hearing dates: 5 February 2016 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the summons. (2) Order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: CRIMINAL LAW – parole – serious offender - Parole Authority has power to grant parole after the first eligibility date even if the offender has not applied for parole CRIMINAL LAW – whether offender ought by his conduct in engaging with the process of assessment for parole be taken to have applied for parole – no formal requirements for application for parole specified ADMINISTRATIVE LAW – relief in the nature of mandamus not available – Commonwealth Attorney-General's power to issue a criminal justice entry certificate not a duty – power to seek extradition not a duty Legislation Cited: Crimes Act 1900 (NSW), s 25 Crimes (Administration of Sentences) Act 1999 (NSW), ss 2A, 3, 125, 126,127, 133, 135, 135A, 138, 143, 143A, 143B, 144, 148, 149, 150, 151, 195, 197, 198 Crimes (Administration of Sentences) Amendment (Parole) Act 2004 (NSW) Extradition Act 1988 (Cth), s40 Interpretation Act 1987 (NSW), ss 33, 48 Migration Act 1958 (Cth), ss 14, 141, 142, 145, 148, 150, 151, 189, 196, 198 Migration Regulations 1994 (Cth) Supreme Court Act 1970 (NSW), s69 Cases Cited: Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCAFC 173; 228 FCR 35 Potier v NSW Parole Authority [2015] NSWCA 391 Potier v NSW Parole Authority [2015] NSWSC 1775 Texts Cited: Second reading speech for the Crimes (Administration of Sentences) Amendment (Parole) Bill, New South Wales Legislative Assembly, (Hansard) 27 October 2004 at 12098ff Category: Principal judgment Parties: Malcolm Huntley Potier (Plaintiff) NSW State Parole Authority (1st Defendant) The Minister, Department of Immigration and Border Protection (2nd Defendant) NSW Commissioner, Department of Corrective Services (3rd Defendant) Representation: Counsel: Plaintiff in person Submitting appearances for 1st and 2nd Defendant A Mitchelmore (3rd Defendant)