John Goss v R [2009] NSWCCA 190
The applicant's inability to transfer parole to Victoria, an administrative act occurring post-sentence, is not grounds for the Court to intervene as it does not constitute rare and exceptional circumstances and the Court lacks jurisdiction over such administrative issues. Leave to appeal is granted, but the appeal is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 16 July 2009
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence; Leave to Appeal Granted
- Outcome
- Leave to appeal granted, appeal dismissed.
- Legal Topics
- ['appeal Against Sentence' 'parole Transfer' 'jurisdictional Limitations' 'intervention in Sentencing Due to Post Sentence Events']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Sentence; Leave to Appeal Granted
Legal Issues
- 1 ['Whether the Court has jurisdiction to review an administrative decision relating to parole transfer' 'Whether post-sentence events (refusal of parole transfer) justify intervention by the Court in sentencing' 'Whether the case is sufficiently exceptional to warrant reception of fresh evidence and alteration of sentence']
Ratio Decidendi
The applicant's inability to transfer parole to Victoria, an administrative act occurring post-sentence, is not grounds for the Court to intervene as it does not constitute rare and exceptional circumstances and the Court lacks jurisdiction over such administrative issues. Leave to appeal is granted, but the appeal is dismissed.
Court Disposition
Leave to appeal granted, appeal dismissed.
Orders
- ['Leave to appeal is granted.' 'The appeal is dismissed.']
Full Case Text
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