SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Hoyle v Director-General Corrective Services |
Citation: | [2019] ACTSC 226 |
Hearing Dates: | 19 and 29 July 2019 |
DecisionDate: | 30 August 2019 |
Before: | Mossop J |
Decision: | Proceedings dismissed: see orders at [87] |
Catchwords: | ADMINISTRATIVE LAW – JUDICIAL REVIEW – Judicial review of Corrective Services’ decisions – plaintiff serving sentence for sexual offences – plaintiff assessed as at medium to high risk of reoffending – sentencing judge previously assessed plaintiff as at low risk of reoffending – whether use of Static 99 assessment tool involves a reviewable error – whether spent convictions may be considered in completing Static 99 assessment – whether the assessment was in contempt of sentencing judge’s decision – whether there is a legislative basis for the Adult Sexual Offenders Program – whether plaintiff was unlawfully required to complete the program prior to becoming eligible for parole – proceedings dismissed |
Legislation Cited: | Corrections Management Act 2007 (ACT), ss 7, 9, 14, 73, 78(2) Crimes Act 1900 (ACT), s 393 Spent Convictions Act 2000 (ACT), ss 11, 12, 16, 19(3) |
Cases Cited: | DCU v State Parole Authority of New South Wales[2006] NSWSC 526 Galli v New South Wales State Parole Authority [2006] NSWSC 206 |
Texts Cited: | Halsbury’s Laws of England, 3rd ed, vol 10 |
Parties: | Arthur Marshall Hoyle (Plaintiff) Director-General Corrective Services (Defendant) |
Representation: | Counsel Self-represented (Plaintiff) B Buckland (Defendant) |
| Solicitors Self-represented (Plaintiff) ACT Government Solicitor (Defendant) | |
File Number: | SC 87 of 2019 |
MOSSOP J
Introduction
Arthur Hoyle, a prisoner serving sentences at the Alexander Maconochie Centre (AMC), has brought proceedings for judicial review. The defendant in the proceedings is the Director-General responsible for the administration of the Corrections Management Act 2007 (ACT).
While incarcerated the defendant has, as part of the process of case management undertaken in relation to each detainee, completed an assessment of the plaintiff’s risk of reoffending. The plaintiff has been assessed as eligible for and suitable for participation in a program known as the Adult Sex Offenders Program (ASOP). Whether or not the plaintiff has completed that program is a matter likely to be taken into account by the Sentence Administration Board (SAB) in deciding whether or not to grant parole. Completion of the ASOP is also a matter relevant to the plaintiff’s eligibility for another program which is known as the Transition to Release Program (TRP). The plaintiff has sought review of a number of decisions of the defendant related to the assessment of his risk of reoffending, the inclusion of the ASOP within his case management plan and the processing of his application…
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- Hoyle v Director-General Corrective Services [2019] ACTSC 226
- Case
- [2019] ACTSC 226
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CaseChat Overview and Summary
The court examined the statutory framework governing the risk assessment process and the criteria for parole eligibility. It considered the statutory authority for the use of the Static 99 tool, and whether the inclusion of spent convictions in the assessment was permissible under the relevant legislation. The court also scrutinised the contempt issue by evaluating whether the risk assessment could be seen as disregarding the sentencing judge’s earlier low-risk assessment. Moreover, the court assessed the legislative basis for the Adult Sexual Offenders Program and its applicability to the plaintiff’s circumstances. The court concluded that the use of the Static 99 tool was not flawed and that spent convictions could be considered. It found no contempt in the assessment and held that the program was supported by legislation.
Ultimately, the court dismissed the proceedings. It held that the risk assessment was lawful and that the plaintiff was not unlawfully required to complete the Adult Sexual Offenders Program before becoming eligible for parole. The plaintiff's challenge to the decisions of the Director-General Corrective Services was unsuccessful, and the proceedings were dismissed. The orders reflect the court's determination that the plaintiff's contentions did not establish any grounds for judicial review.
Orders
Orders of the court
Proceedings dismissed: see orders at [87]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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