Minister for Corrections v Berwyn Rees [2019] NSWSC 610

Supreme Court New South Wales

Medium Neutral Citation: Minister for Corrections v Berwyn Rees [2019] NSWSC 610 Hearing dates: 24 April 2019 Decision date: 23 May 2019 Jurisdiction: Common Law - Administrative Law Before: Button J Decision: (1) Pursuant to s 69 of the Supreme Court Act 1970 (NSW), relief in the nature of certiorari quashing the decision of the Second Defendant of 21 February 2019 to release the First Defendant on parole; and

(2) Pursuant to s 69 of the Supreme Court Act 1970 (NSW), relief in the nature of mandamus directing that the Second Defendant determine the First Defendant's application for parole in accordance with the law. Catchwords: JUDICIAL REVIEW – Administrative law – decision of State Parole Authority (SPA) to grant parole – whether jurisdictional error or error on face of record – whether failure to have regard to mandatory consideration of effect on members of families of deceased persons of offender being released to parole, pursuant to s 135(3)(d) of the Crimes (Administration of Sentences) Act 1999 (NSW) (the Act) – whether reasons of SPA adequate pursuant to s 193C(2)(a) of the Act – decision of SPA quashed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 135(3)(d) and 193C(2)(a) Cases Cited: Attorney-General (NSW) v Liew [2012] NSWSC 1223; Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (2011) 180 LGERA 99; [2011] FCAFC 59; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389; [1949] HCA 33; Hossain v Minister For Immigration And Border Protection (2018) ALJR 780; [2018] HCA 34; Minister for Corrections v Cawthray and the State Parole Authority [2015] NSWSC 1188; R v Commonwealth Court of Conciliation & Arbitration; Tickner v Chapman (1995) 133 ALR 226 Category: Principal judgment Parties: Minister for Corrections (Plaintiff) Berwyn Rees (First Defendant) State Parole Authority (Second Defendant) Commissioner for Corrective Services (Third Defendant) Representation: Counsel: J E Davidson (Plaintiff) L J Karp (First Defendant)