Wainwright v Parole Authority of New South Wales [2017] NSWSC 1019

Supreme Court New South Wales

Medium Neutral Citation: Wainwright v Parole Authority of New South Wales [2017] NSWSC 1019 Hearing dates: 31 July 2017 Date of orders: 31 July 2017 Decision date: 31 July 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) Leave granted to bring proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). (2) Application dismissed. Catchwords: PAROLE – application for direction to the State Parole Authority that the decision to revoke parole was based on false, misleading or irrelevant information – s 176 Crimes (Administration of Sentences) Act 1999 – limited powers of the Court – no power to conduct merits review – threshold test s 176(3) – threshold test not met Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes Act 1900 (NSW) Felons (Civil Proceedings) Act 1981 (NSW) Cases Cited: Blanch v NSW State Parole Authority [2014] NSWSC 835 Townsend v Parole Board [2001] NSWCCA 379 Category: Procedural and other rulings Parties: Trent Wainwright (Applicant) Parole Authority of New South Wales (Respondent) Representation: Solicitors: Slattery Thompson (Applicant) Crown Solicitors Office (Respondent) File Number(s): 2017/185574 Publication restriction: None

EX TEMPORE Judgment 1. WILSON J: The applicant Trent Wainwright is a prisoner serving a sentence of 8 years and 1 month imprisonment for an offence of causing grievous bodily harm with intent, contrary to s 33(1)(b) of the Crimes Act 1900 (NSW). The non-parole period of that sentence expired on 30 October 2016 and the overall term will expire on 30 November 2019. 2. On 30 October 2016, the applicant was released to parole pursuant to a decision of the State Parole Authority. On 4 April 2017 the Authority revoked that grant of parole and a warrant issued for the applicant's arrest. He was arrested on 8 April 2017 and returned to his former custody. 3. At a meeting on 19 May 2017, the Authority reviewed the applicant's case and determined pursuant to s 175 of the Crimes (Administration of Sentences) Act 1999 (NSW) that the revocation of the order of 4 April 2017 should stand. 4. By application filed on 21 June 2017 the applicant asks the Court to give a direction to the Authority pursuant to s 176 of the same Act that the information on which it based its decision to refuse his release to parole was false, misleading or irrelevant. To the extent that it is required, the applicant also seeks leave to bring these proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). I grant that leave.