Kelleher v Parole Board (NSW)

The applicant, Kelleher, sought a writ of habeas corpus against the Parole Board of New South Wales. The dispute concerned the applicant's entitlement to release on parole, specifically whether remissions earned under earlier legislation were to be taken into account when calculating the parole eligibility date following the revocation of a previous parole order. The matter was heard by the High Court of Australia.

The central legal issue before the Court was the effect of remissions on the calculation of a prisoner's sentence for the purposes of parole eligibility, particularly after a parole order had been revoked. This involved interpreting the interplay between the *Parole of Prisoners Act 1966* (NSW), the *Probation and Parole Act 1983* (NSW), and the Royal prerogative of mercy as exercised through the Governor's Letters Patent and Instructions.

The Court considered the historical context of remissions and their statutory incorporation into sentences. It was held that remissions, once granted, formed part of the sentence and were not extinguished by a subsequent revocation of parole. Therefore, when calculating the parole eligibility date after revocation, the remissions previously earned were to be deducted from the total sentence. The Court affirmed that the prerogative of mercy, as embodied in the Letters Patent, was a source of power that could be exercised to grant remissions, and these remissions, once granted, had a legal effect on the duration of the sentence. The Court found that the applicant was entitled to have his remissions taken into account.

The Court ordered that the writ of habeas corpus be granted, and that Kelleher be discharged from custody.