Galli v NSW State Parole Authority - [2006] NSWSC 206

CITATION: GALLI v NSW STATE PAROLE AUTHORITY [2006] NSWSC 206

HEARING DATE(S): 20 March 2006

JUDGMENT DATE :
20 March 2006

JURISDICTION: Common Law

JUDGMENT OF: Adams J at 1

EX TEMPORE JUDGMENT DATE: 03/20/2006

DECISION: The Authority to reconsider the question whether the refusal of the applicant to admit guilt and consequential exclusion from sexual offender treatment programmes is misleading in relation to the statutory criteria for the grant of parole.

CATCHWORDS: Parole - determination by Parole Authority - misleading information - sex offender - risk of re-offending - refusal to admit guilt - exclusion from sexual offender programmes - other assessment that low risk - offender's refusal to admit guilt characterised as refusal to accept parole - powers of Supreme Court

LEGISLATION CITED: Crimes (Administration of Sentencing) Act 1999 s 155

PARTIES:
Juan Carlos GALLI (Applicant)
v
New South Wales State Parole Authority (Respondent)

FILE NUMBER(S): SC PB0007/2007

COUNSEL: Applicant in person
Ms D M L Woodburne (Respondent)

SOLICITORS: Ms J K Witmer (Legal Aid Commission of NSW)
Mr W Abadee (Crown Solicitor's Office)

LOWER COURT JURISDICTION: Parole Authority

LOWER COURT DATE OF DECISION: 03/20/2006

Ex tempore - checked

THE SUPREME COURT

OF NEW SOUTH WALES

COMMON LAW DIVISION

ADAMS J

MONDAY 20 MARCH 2006

PB0007/2007 - JUAN CARLOS GALLI v NSW STATE PAROLE AUTHORITY

JUDGMENT

1 HIS HONOUR: This is an application under s 155 of the Crimes (Administration of Sentencing) Act 1999 which provides for an application to the Supreme Court by an offender where the Parole Authority decides that he or she should not be released on parole and where the offender alleges that the decision of the Parole Authority has been made on the basis of false, misleading or irrelevant information. In that event the Supreme Court may, in the exercise of its discretion, give a direction to the Parole Authority as to whether the information was false, misleading or irrelevant and make such directions with respect to the information as it thinks fit.

2 This provision does not, of course, give the Supreme Court any power to reconsider the decision entrusted by the Act to the Parole Authority. In this particular case the Parole Authority refused to grant the offender parole for the following reasons:

"The Board has sufficient reason to believe that if released from custody at this time the offender would not be able to adapt to normal lawful community life; risk of re-offending; need to address offending behaviour (sexual offending); unconfirmed post-release accommodation.

The matter has therefore been stood over to 17 August 2006 for a report from the Probation and Parole officer to enable reports to be obtained for parole to be considered."

3 It seems to me that the standing over for some ten months of an application for a further review by the Board is, in substance, a refusal to grant parole. It may be assumed that the Authority expects that the Correctional Centre report and Probation and Parole officer's report, in addition to addressing the issues…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2006] NSWSC 206
Decision Date: 20 March 2006

CaseChat Overview and Summary

The case of Galli v NSW State Parole Authority involves a dispute between the respondent, Galli, and the appellant, the NSW State Parole Authority. Galli, a convicted sex offender, sought review of the Authority's decision to refuse his parole on the basis that he had not admitted his guilt, which was a condition for his participation in the Intensive Supervision Program. Galli had been assessed as low risk to re-offend, but his refusal to admit guilt led to his exclusion from the program. Galli argued that the Authority had misinterpreted the condition of admitting guilt and that his exclusion was unreasonable. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether the Parole Authority's interpretation of the condition for parole was correct, whether the refusal to admit guilt could be reasonably interpreted as a refusal to accept parole, and whether the Supreme Court had jurisdiction to review the decision. The court needed to determine if the Authority's decision was lawful, rational, and procedurally fair. Additionally, the court had to consider whether the Authority's decision was open to review on the basis of errors of law.

The court found that the Parole Authority had misinterpreted the condition for parole, as the requirement to admit guilt did not equate to a refusal to accept parole. The court held that the Authority had failed to consider relevant evidence and had not properly applied the criteria for assessing risk. The court also determined that the Authority's decision was not rationally related to the statutory criteria for parole. Consequently, the court exercised its supervisory jurisdiction to quash the Authority's decision and remit the matter back for reconsideration. The court emphasised the importance of the Parole Authority considering all relevant evidence and applying the statutory criteria correctly in making its decisions.

The final orders of the court included quashing the decision of the NSW State Parole Authority to refuse Galli's parole and remitting the matter to the Authority for reconsideration in accordance with the court's judgment. The court did not make a determination on Galli's risk of re-offending, leaving that matter to be assessed by the Authority on remand. The court's decision highlighted the need for the Parole Authority to ensure that its decisions are lawful, rational, and based on proper consideration of all relevant evidence.

Orders