Merkoreh v State Parole Authority [2021] NSWSC 371

Merkoreh v State Parole Authority [2021] NSWSC 371

Section 155 of CASA does not apply to the SPA's refusal to bring forward consideration of parole for manifest injustice; only substantive refusals of parole are reviewable under s 155, and the information relied on by SORC is not shown to be false, misleading or irrelevant.

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Application Under S 155 of the Crimes (administration of Sentences) Act 1999 (nsw) / Final Judgment (dismissal)
Outcome
Application dismissed
Legal Topics
['parole' 'statutory Interpretation' 'judicial Review']
['criminal Law'] ['parole' 'statutory Interpretation' 'judicial Review']

Case Brief

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Procedural Posture

Application Under S 155 of the Crimes (administration of Sentences) Act 1999 (nsw) / Final Judgment (dismissal)

Legal Issues

  1. 1 ['Whether information from SORC is false, misleading or irrelevant within the meaning of s 155 of CASA' 'Whether refusal to bring forward consideration of parole is a refusal to grant parole under s 155(1)(a)' 'Whether CASA and its Regulation permit early consideration of parole for a serious offender when SORC opposes release']

Ratio Decidendi

Section 155 of CASA does not apply to the SPA's refusal to bring forward consideration of parole for manifest injustice; only substantive refusals of parole are reviewable under s 155, and the information relied on by SORC is not shown to be false, misleading or irrelevant.

Court Disposition

Application dismissed

Orders

  • ['The application pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) is dismissed.' 'No order as to costs.']