Minister for Corrections v Berwyn Rees [2019] NSWSC 610

Minister for Corrections v Berwyn Rees [2019] NSWSC 610

The State Parole Authority failed to demonstrate active intellectual engagement with the mandatory consideration in s 135(3)(d) of the Act regarding the effects on the families of the deceased victims of releasing the defendant to parole; alternatively, the reasons provided were inadequate under s 193C(2)(a).

Parties
Plaintiff: Minister for Corrections; First Defendant: Berwyn Rees; Second Defendant: State Parole Authority; Third Defendant: Commissioner for Corrective Services
Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of the State Parole Authority quashed; matter remitted for lawful reconsideration
Legal Topics
Judicial Review, Parole, Error of Law, Jurisdictional Error, Adequacy of Reasons
Administrative Law Judicial Review Parole Error of Law Jurisdictional Error Adequacy of Reasons

Case Brief

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Parties

Minister for Corrections

Plaintiff

Berwyn Rees

First Defendant

State Parole Authority

Second Defendant

Commissioner for Corrective Services

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the State Parole Authority failed to actively engage with the mandatory consideration in s 135(3)(d) of the Crimes (Administration of Sentences) Act regarding the likely effect on any victim's family of parole release
  2. 2 Whether the State Parole Authority failed to provide adequate reasons in compliance with s 193C(2)(a) of the Crimes (Administration of Sentences) Act

Ratio Decidendi

The State Parole Authority failed to demonstrate active intellectual engagement with the mandatory consideration in s 135(3)(d) of the Act regarding the effects on the families of the deceased victims of releasing the defendant to parole; alternatively, the reasons provided were inadequate under s 193C(2)(a).

Court Disposition

Decision of the State Parole Authority quashed; matter remitted for lawful reconsideration

Orders

  • Pursuant to s 69 of the Supreme Court Act 1970 (NSW), relief in the nature of certiorari quashing the decision of the Second Defendant of 21 February 2019 to release the First Defendant on parole
  • Pursuant to s 69 of the Supreme Court Act 1970 (NSW), relief in the nature of mandamus directing that the Second Defendant determine the First Defendant's application for parole in accordance with the law