Terry Sampson v NSW State Parole Authority [2012] NSWSC 933

Terry Sampson v NSW State Parole Authority [2012] NSWSC 933

The applicant did not establish that the State Parole Authority's refusal of parole was based on false, misleading or irrelevant information. The Authority's decision was based on the need for the applicant to complete the Violent Offenders Treatment Program and address anger and violence issues; the relevant material before it was not shown to be false or misleading, and the other challenged assertions did not form any basis for the decision.

Jurisdiction
Australia
Judgment Date
30 March 2012
Procedural Posture
Application Under S 155 of the Crimes (administration of Sentences) Act 1999 for a Direction That the State Parole Authority's Determination Was Made on the Basis of False, Misleading or Irrelevant Information / Final Judgment
Outcome
Application dismissed
Legal Topics
['refusal of Parole' 'false, Misleading or Irrelevant Information' 'violent Offenders Treatment Program' 'scope of Review Under S 155']
['parole' 'criminal Law' 'administrative Law'] ['refusal of Parole' 'false, Misleading or Irrelevant Information' 'violent Offenders Treatment Program' 'scope of Review Under S 155']

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Procedural Posture

Application Under S 155 of the Crimes (administration of Sentences) Act 1999 for a Direction That the State Parole Authority's Determination Was Made on the Basis of False, Misleading or Irrelevant Information / Final 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." "Whether the Authority's conclusion that the applicant should complete the Violent Offenders Treatment Program was based on false or misleading information." 'Whether other assertions in material before the Authority formed a basis for its decision.']

Ratio Decidendi

The applicant did not establish that the State Parole Authority's refusal of parole was based on false, misleading or irrelevant information. The Authority's decision was based on the need for the applicant to complete the Violent Offenders Treatment Program and address anger and violence issues; the relevant material before it was not shown to be false or misleading, and the other challenged assertions did not form any basis for the decision.

Court Disposition

Application dismissed

Orders

  • ['Application under s 155 of the Crimes (Administration of Sentences) Act dismissed.']