McKenzie v Attorney General for New South Wales [2024] NSWCA 152

McKenzie v Attorney General for New South Wales [2024] NSWCA 152

The State Parole Authority's satisfaction as to breach of parole was based on the breach report and supporting material, not solely on recommendation, fulfilling the statutory precondition under s 170(1)(a); the Authority's decision was not legally unreasonable, and no error of principle or general importance was demonstrated to justify a grant of leave to appeal.

Parties
Applicant: Allan James McKenzie; First Respondent: Attorney General for New South Wales; Second Respondent: State Parole Authority of New South Wales
Jurisdiction
Australia
Judgment Date
18 June 2024
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Judgment Dismissing Judicial Review Proceedings
Outcome
Leave to appeal refused
Legal Topics
Judicial Review, Parole, Revocation of Parole, Statutory Interpretation, Legal Unreasonableness
Administrative Law Criminal Law Judicial Review Parole Revocation of Parole Statutory Interpretation Legal Unreasonableness

Case Brief

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Parties

Allan James McKenzie

Applicant

Attorney General for New South Wales

First Respondent

State Parole Authority of New South Wales

Second Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal From Judgment Dismissing Judicial Review Proceedings

Legal Issues

  1. 1 Whether the State Parole Authority properly satisfied itself of a breach of parole condition under s 170(1)(a) of the Crimes (Administration of Sentences) Act 1999 (NSW)
  2. 2 Whether the primary judge misconstrued s 170 or erred in finding the precondition to revocation was met
  3. 3 Whether the revocation order was legally unreasonable

Ratio Decidendi

The State Parole Authority's satisfaction as to breach of parole was based on the breach report and supporting material, not solely on recommendation, fulfilling the statutory precondition under s 170(1)(a); the Authority's decision was not legally unreasonable, and no error of principle or general importance was demonstrated to justify a grant of leave to appeal.

Court Disposition

Leave to appeal refused

Orders

  • Time for filing of summons seeking leave to appeal extended to 26 March 2024.
  • Leave to appeal refused.