Laurente v Parole Board [2001] NSWSC 729

Laurente v Parole Board [2001] NSWSC 729

The Parole Board may only consider an order for home detention under s 165(1) if, at the date upon which the order for periodic detention is revoked, the remainder of the sentence is eighteen months or less. Eligibility is determined at revocation, not when a later application is made.

Jurisdiction
Australia
Judgment Date
04 September 2001
Procedural Posture
Civil / Judgment on Application for Order of Mandamus
Outcome
Plaintiff's summons dismissed
Legal Topics
['parole Board Discretion' 'home Detention' 'interpretation of S 165 Crimes (administration of Sentences) Act 1999' 'periodic Detention' 'revocation of Detention Orders']
['criminal Law' 'administrative Law'] ['parole Board Discretion' 'home Detention' 'interpretation of S 165 Crimes (administration of Sentences) Act 1999' 'periodic Detention' 'revocation of Detention Orders']

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Procedural Posture

Civil / Judgment on Application for Order of Mandamus

Legal Issues

  1. 1 ['Whether the Parole Board has the power under s 165 of the Crimes (Administration of Sentences) Act 1999 to order home detention where the remaining sentence at the time of revocation exceeds eighteen months' 'Construction of s 165(1) regarding the relevant time for assessing remainder of sentence']

Ratio Decidendi

The Parole Board may only consider an order for home detention under s 165(1) if, at the date upon which the order for periodic detention is revoked, the remainder of the sentence is eighteen months or less. Eligibility is determined at revocation, not when a later application is made.

Court Disposition

Plaintiff's summons dismissed

Orders

  • ['The summons is dismissed.' 'No order as to costs.']