Jennings v Queensland Parole Board

SUPREME COURT OF QUEENSLAND

CITATION:

Jennings v Qld Parole Board [2007] QSC 364

PARTIES:

DEAN PHILLIP JENNINGS
(applicant)
v
QUEENSLAND PAROLE BOARD
(respondent)

FILE NO/S:

BS 7513 of 2007

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

5 December 2007

DELIVERED AT:

Brisbane

HEARING DATE:

5 November 2007

JUDGE:

Martin J

ORDER:

The application for statutory order for review be dismissed

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – GENERALLY – where applicant seeks review of decision by respondent to refuse the applicant’s application for parole – whether the respondent took into account irrelevant considerations – whether the respondent failed to take into account a relevant consideration – whether the respondent observed procedures required by law for the making of such decisions

Acts Interpretation Act 1954 (Qld), s 27B
Corrective Services Act 2006 (Qld), s 193, s 200, s 212, s 217

McQuirev South Queensland Regional Community Corrections Board [2003] QSC 414, considered
Petrie v Queensland Community Corrections Board [2007] QSC 188, considered
Weribone v Chief Executive, Department of Corrective Services [2007] QSC 129, considered

COUNSEL:

J W J Fenton for the applicant

S A McLeod for the respondent

SOLICITORS:

Volk Lawyers for the applicant

C W Lohe, Crown Solicitor, for the respondent

1. MARTIN J: This is an application to review the decision by the respondent to refuse to grant the applicant a parole order.

Background

1. On 21 July 1997 the applicant was sentenced by his Honour Judge Wall QC to a total of 12 years imprisonment for kidnapping for ransom, armed robbery in company, unlawful use of a motor vehicle with circumstances of aggravation, misappropriation, deprivation of liberty, stealing and assault.

1. On 22 May 2003 the applicant was released on parole after a period of open custody and granted permission to reside in South Australia.

1. On 7 July 2004 the applicant was convicted in the Wollongong Local Court of a drink driving offence which offence had been committed on 13 June 2004.

1. On 9 December 2004 the respondent suspended the applicant’s parole order indefinitely because the applicant had absconded from supervision and he had been charged with further driving offences, such as driving while under disqualification.

1. After approximately 12 months at large, the applicant was extradited to Queensland and returned to custody on 21 October 2005.

1. On 25 November 2005 the respondent cancelled the parole order effective from 24 November 2004.

1. On 20 September 2006 the respondent’s secretariat received an application for parole from the applicant.

1. On 1 December 2006 the respondent at the meeting held on that day, deferred consideration of the applicant’s application for parole in order to obtain and consider a psychological report and a psychiatric report.

1. At its meeting on 13 April 2007 the respondent considered the applicant’s application for parole.

1. On 30 April 2007 the respondent wrote to the applicant advising him that consideration was being given to not granting his application for parole on the basis that he may not be…