Doyle v State Parole Authority of NSW and Anor [2019] NSWSC 774

Supreme Court New South Wales

Medium Neutral Citation: Doyle v State Parole Authority of NSW and Anor [2019] NSWSC 774 Hearing dates: 24 June 2019 Decision date: 24 June 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. An order directing the State Parole Authority pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) that: a. The pre-release report of Community Corrections dated 15 October 2018 contained misleading information, being that the plaintiff's 13 outstanding charges were listed for hearing on 3 December 2018 (when the true position was that those charges were not listed for hearing at that date); and b. The effect of the Authority basing its decision on this misleading information is to give rise to a circumstance of "manifest injustice" within the meaning of s 137B of the Crimes (Administration of Sentences) Act 1999 (NSW). 2. No order as to costs. 3. That the proceedings are otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – proper basis for directions pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) – where satisfied that Community Corrections pre-release report contained misleading information – where satisfied that State Parole Authority's decision to refuse parole based on misleading information gave rise to circumstance of "manifest injustice" – consent orders made Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) ss 137B, 155, 155(2) Crimes (Administration of Sentences) Regulation 2014 (NSW), cl 223 Cases Cited: Doyle v R; R v Doyle [2014] NSWCCA 4 Category: Principal judgment Parties: Philip William Doyle (Plaintiff) NSW State Parole Authority (First defendant) Attorney General for New South Wales (Second defendant) Representation: Counsel: Mr J Agius SC (Plaintiff) Mr M Dalla-Pozza (First and Second defendants)