Cumberworth v Parole Authority of NSW [2015] NSWSC 538

Cumberworth v Parole Authority of NSW [2015] NSWSC 538

None of the alleged grounds identified information that was false, misleading or irrelevant and on which the Authority based its refusal of parole. The Authority's determination recorded that the applicant had completed VOTP and attended maintenance; participation in external leave was relevant to readiness for release; removal from Ngara Nura was supported by material before the Authority and was not misleading; post-release plans and accommodation were relevant and not shown to have been wrongly acted upon; compliance with antipsychotic medication was plainly relevant to risk on release; and the need to address offending behaviour referred to underlying prior offending and related...

Jurisdiction
Australia
Judgment Date
11 May 2015
Procedural Posture
Application Under S 155 of the Crimes (administration of Sentences) Act 1999 (nsw) Concerning Refusal of Parole / Supreme Court Application for Direction; Principal Judgment
Outcome
Application dismissed
Legal Topics
['parole' 'state Parole Authority Refusal of Parole' 'false, Misleading or Irrelevant Information' 'serious Offenders' 'judicial Review Limited by Statute']
['criminal Law' 'administrative Law'] ['parole' 'state Parole Authority Refusal of Parole' 'false, Misleading or Irrelevant Information' 'serious Offenders' 'judicial Review Limited by Statute']

Case Brief

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Procedural Posture

Application Under S 155 of the Crimes (administration of Sentences) Act 1999 (nsw) Concerning Refusal of Parole / Supreme Court Application for Direction; Principal Judgment

Legal Issues

  1. 1 ["Whether the State Parole Authority's refusal of parole was made on the basis of false, misleading or irrelevant information for the purposes of s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW)." "Whether references to the applicant's VOTP maintenance attendance, lack of completion of an External Leave Program, removal from the Ngara Nura program, post-release plans, urinalysis result for prescribed medication, and need to address offending behaviour provided a basis for a direction under s 155." 'Whether the application was an abuse of process and whether there appeared to be sufficient evidence to support it under s 155(3).']

Ratio Decidendi

None of the alleged grounds identified information that was false, misleading or irrelevant and on which the Authority based its refusal of parole. The Authority's determination recorded that the applicant had completed VOTP and attended maintenance; participation in external leave was relevant to readiness for release; removal from Ngara Nura was supported by material before the Authority and was not misleading; post-release plans and accommodation were relevant and not shown to have been wrongly acted upon; compliance with antipsychotic medication was plainly relevant to risk on release; and the need to address offending behaviour referred to underlying prior offending and related...

Court Disposition

Application dismissed

Orders

  • ['Application dismissed.']