Ngati v NSW Parole Authority [2007] NSWSC 963

Ngati v NSW Parole Authority [2007] NSWSC 963

The application did not satisfy the s 155(3) threshold because the applicant's assertions were not evidence, the documentary material tendered by the State Parole Authority did not support the application, and there was no evidence capable of establishing that the parole refusal was based, at least in part, on false or misleading information.

Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Application for Statutory Review Under S 155 Crimes (administration of Sentences) Act 1999 of a Parole Refusal Decision / Supreme Court Determination of Whether the Application Met the S 155(3) Threshold
Outcome
Application dismissed.
Legal Topics
['parole' 'state Parole Authority Refusal of Parole' 'false, Misleading or Irrelevant Information' 'threshold Under S 155(3) Crimes (administration of Sentences) Act 1999']
['criminal Law' 'administrative Law'] ['parole' 'state Parole Authority Refusal of Parole' 'false, Misleading or Irrelevant Information' 'threshold Under S 155(3) Crimes (administration of Sentences) Act 1999']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Statutory Review Under S 155 Crimes (administration of Sentences) Act 1999 of a Parole Refusal Decision / Supreme Court Determination of Whether the Application Met the S 155(3) Threshold

Legal Issues

  1. 1 ['Whether the application was an abuse of process and whether there appeared to be sufficient evidence to support it under s 155(3) of the Crimes (Administration of Sentences) Act 1999.' 'Whether there was evidence capable of establishing that the State Parole Authority based its refusal of parole, at least in part, on false or misleading information.']

Ratio Decidendi

The application did not satisfy the s 155(3) threshold because the applicant's assertions were not evidence, the documentary material tendered by the State Parole Authority did not support the application, and there was no evidence capable of establishing that the parole refusal was based, at least in part, on false or misleading information.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' 'A copy of the Judgment is to be provided to the applicant by the Registrar of the Court.']