MOEFILI v STATE PAROLE AUTHORITY & ANOR [2009] NSWSC 1146

MOEFILI v STATE PAROLE AUTHORITY & ANOR [2009] NSWSC 1146

The conditions were within power because "specified person" in s 128A extends to specified persons and permits description by membership of an organisation or class, provided the description is reasonably precise. The expression "outlaw motorcycle gang" was in current usage, was sufficiently understood, and was not uncertain or ambiguous; accordingly the parole conditions were valid and the summons was dismissed.

Jurisdiction
Australia
Judgment Date
29 October 2009
Procedural Posture
Administrative Law Proceeding Concerning Parole Conditions and Revocation of Parole / Summons Seeking Orders Setting Aside Parole Conditions, Revocation of Parole, and Refusal to Rescind the Conditions
Outcome
The summons is dismissed.
Legal Topics
['validity of Parole Conditions' 'non Association Conditions' 'place Restriction Conditions' 'uncertainty' 'ultra Vires' 'outlaw Motorcycle Gangs']
['administrative Law' 'criminal Law' 'parole'] ['validity of Parole Conditions' 'non Association Conditions' 'place Restriction Conditions' 'uncertainty' 'ultra Vires' 'outlaw Motorcycle Gangs']

Case Brief

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Procedural Posture

Administrative Law Proceeding Concerning Parole Conditions and Revocation of Parole / Summons Seeking Orders Setting Aside Parole Conditions, Revocation of Parole, and Refusal to Rescind the Conditions

Legal Issues

  1. 1 ['Whether parole conditions prohibiting association with any member of any outlaw motorcycle gang and visiting places where members of outlaw motorcycle gangs gather were so uncertain as to be ultra vires.' 'Whether the phrase "specified person" in s 128A of the Crimes (Administration of Sentences) Act 1999 extends to the plural and permits identification by description rather than name.' "Whether the revocation of the plaintiff's parole should be set aside if the impugned conditions were invalid."]

Ratio Decidendi

The conditions were within power because "specified person" in s 128A extends to specified persons and permits description by membership of an organisation or class, provided the description is reasonably precise. The expression "outlaw motorcycle gang" was in current usage, was sufficiently understood, and was not uncertain or ambiguous; accordingly the parole conditions were valid and the summons was dismissed.

Court Disposition

The summons is dismissed.

Orders

  • ['The summons is dismissed.']