SUPREME COURT OF QUEENSLAND
CITATION:
Burridge v Parole Board Queensland [2021] QSC 244
PARTIES:
TREVOR LEWIS BURRIDGE
(applicant)
v
PAROLE BOARD QUEENSLAND(respondent)
FILE NO:
BS No 7509 of 2021
DIVISION:
Trial Division
PROCEEDING:
Application
DELIVERED ON:
29 September 2021
DELIVERED AT:
Brisbane
HEARING DATE:
22 September 2021
JUDGE:
Bradley J
ORDER:
The order of the court is that:
1. The whole of the decision of the respondent made on 8 June 2021 in respect of the applicant’s application for a parole order is set aside with effect from 8 June 2021, pursuant to section 30(1)(a) of the Judicial Review Act 1991 (Qld) (the “Act”).
2. The applicant’s application for a parole order is referred to the respondent for further consideration and for a decision according to law, pursuant to section 30(1)(b) of the Act.
3. The respondent is to pay the applicant’s costs of the proceeding, to be assessed on the standard basis.
The court directs that:
4. Within five business days of this order, the respondent is to advise the applicant and the court of whether it proposes any alternative to the directions proposed by the applicant (namely, that the respondent reconsider the applicant’s application for a parole order within 30 days and inform the applicant of its decision within seven days).
5. Within five business days of receipt of the respondent’s advice, the applicant is to advise the respondent and the court of his response, if any, to any alternative directions proposed by the respondent.
6. Each of the parties is to advise the court whether the party requires an oral hearing on the proposed directions or is content for the court to make directions on the papers without an oral hearing.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – where the applicant is serving a life sentence for murder – where the applicant became eligible for parole in 2006 and was granted parole on two previous occasions – where the applicant was returned to custody and the parole orders cancelled – where the applicant made the present application for parole which was refused by the Parole Board – where the applicant has applied for judicial review of the Board’s decision to refuse the parole application – whether the Board breached the rules of natural justice in its decision to decline the parole application
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – FAILURE TO CONSIDER – where the Board explained its decision to refuse the parole application in a statement of reasons – where the statement of reasons proceeds on a factually inaccurate understanding of the applicant’s criminal history, supposed violent responses to emotional distress and custodial behaviour – where the Board found the applicant displayed a poor response to previous community-based supervision orders – where the Board failed to consider expert evidence about recommended parole conditions– whether the Board failed to consider relevant considerations in deciding the risk the applicant would pose to the community…
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- Case
- [2021] QSC 244
- Decision Date
CaseChat Overview and Summary
The court considered whether the Board breached the rules of natural justice and failed to consider relevant considerations in deciding the risk the applicant would pose to the community if released on parole. The court found that the Board did breach the rules of natural justice and failed to consider relevant considerations in its decision. The Board’s statement of reasons contained inaccuracies and proceeded on a factually inaccurate understanding of the applicant’s criminal history, supposed violent responses to emotional distress and custodial behaviour. The Board failed to consider expert evidence about recommended parole conditions, and the court found that the Board failed to give proper, genuine and realistic consideration to the merits of the application in exercising its discretion in accordance with policy.
The court set aside the Board’s decision and referred the matter back to the Board for reconsideration. The court also ordered that the Board pay the applicant’s costs of the proceeding. The court directed that the Board and the applicant advise the court whether they require an oral hearing on the proposed directions or are content for the court to make directions on the papers without an oral hearing.
Orders
Orders of the court
The order of the court is that:
1. The whole of the decision of the respondent made on 8 June 2021 in respect of the applicant’s application for a parole order is set aside with effect from 8 June 2021, pursuant to section 30(1)(a) of the Judicial Review Act 1991 (Qld) (the “Act”).
2. The applicant’s application for a parole order is referred to the respondent for further consideration and for a decision according to law, pursuant to section 30(1)(b) of the Act.
3. The respondent is to pay the applicant’s costs of the proceeding, to be assessed on the standard basis.
The court directs that:
4. Within five business days of this order, the respondent is to advise the applicant and the court of whether it proposes any alternative to the directions proposed by the applicant (namely, that the respondent reconsider the applicant’s application for a parole order within 30 days and inform the applicant of its decision within seven days).
5. Within five business days of receipt of the respondent’s advice, the applicant is to advise the respondent and the court of his response, if any, to any alternative directions proposed by the respondent.
6. Each of the parties is to advise the court whether the party requires an oral hearing on the proposed directions or is content for the court to make directions on the papers without an oral hearing.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.