Harrison v NSW State Parole Authority [2019] NSWSC 1783

Harrison v NSW State Parole Authority [2019] NSWSC 1783

The plaintiff failed to establish that the Parole Authority relied on any false or misleading information in refusing parole. The Authority had before it both the plaintiff’s version of events and records of his completed courses, and appropriately noted those matters in its decision. No new evidence demonstrated that information before the Authority was false or misleading in substance.

Parties
Plaintiff: Phillip Harrison; First Defendant: NSW State Parole Authority; Second Defendant: Attorney General of New South Wales
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Application for Direction Under S 155 Crimes (administration of Sentences) Act 1999 (nsw) / Judgment on Application
Outcome
Application dismissed
Legal Topics
Parole, Judicial Review, False or Misleading Information in Parole Proceedings
Criminal Law Parole Judicial Review False or Misleading Information in Parole Proceedings

Case Brief

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Parties

Phillip Harrison

Plaintiff

NSW State Parole Authority

First Defendant

Attorney General of New South Wales

Second Defendant

Procedural Posture

Application for Direction Under S 155 Crimes (administration of Sentences) Act 1999 (nsw) / Judgment on Application

Legal Issues

  1. 1 Whether the State Parole Authority's refusal of parole was based on false or misleading information as alleged by the plaintiff
  2. 2 Whether the Court should give a direction to the Parole Authority under s 155 Crimes (Administration of Sentences) Act 1999 (NSW)

Ratio Decidendi

The plaintiff failed to establish that the Parole Authority relied on any false or misleading information in refusing parole. The Authority had before it both the plaintiff’s version of events and records of his completed courses, and appropriately noted those matters in its decision. No new evidence demonstrated that information before the Authority was false or misleading in substance.

Court Disposition

Application dismissed

Orders

  • The plaintiff's application is dismissed.