Leggett v Queensland Parole Board

SUPREME COURT OF QUEENSLAND

CITATION:

Leggett v Queensland Parole Board [2012] QSC 121

PARTIES:

NEIL IAN LEGGETT
(applicant)
v
QUEENSLAND PAROLE BOARD
(respondent)

FILE NO/S:

1712 of 2012

DIVISION:

Trial

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Brisbane

DELIVERED ON:

3 May 2012

DELIVERED AT:

Brisbane

HEARING DATE:

17 April 2012

JUDGE:

Dalton J

ORDER:

1.   The decision of the respondent, communicated by letter dated 14 December 2011, to decline the applicant’s application for an exceptional circumstances parole order dated 10 January 2011 is set aside.

2.   That application for an exceptional circumstances parole order is referred to the respondent for further consideration, with directions that:

(a)  the applicant is to submit to the respondent any further material upon which he intends to rely within 14 days of 20 April 2012.

(b)  the respondent is to complete the further consideration within 28 days of the date of receipt of the material referred to at (a).

3.   The respondent is to pay the applicant’s costs of and incidental to the proceeding to be agreed or, failing agreement, assessed on the standard basis.

CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GENERALLY – applicant pleaded guilty to one count of fraud with circumstances of aggravation – applicant sentenced to 9 years’ imprisonment with a recommendation for parole eligibility after serving 3 years’ imprisonment –applicant’s health deteriorated while imprisoned – applicant applied for exceptional circumstances parole order – whether the Parole Board failed to consider the case put by the applicant – whether the Parole Board misconstrued the term exceptional circumstances – whether there was a denial of natural justice – whether there was a failure to take into account a relevant consideration

Corrective Services Act 2006 (Qld) s 176, s 177, s 194

Judicial Review Act 1991 (Qld) s 20, s 23

Australian Bank Employees Union ex parte Citicorp Australia Ltd (1988-1989) 167 CLR 513; [1989] HCA 41cited

Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 38; [2003] HCA 26 cited

COUNSEL:

M Black for the applicant
D Keane for the respondent

SOLICITORS:

Gilshenan & Luton Legal Practice for the applicant
Crown Law for the respondent

1. DALTON J:  This is an application for a statutory order of review under the Judicial Review Act 1991 (Qld). There are three grounds:

(a)the Parole Board failed to consider the case put by the applicant;

(b)the Parole Board misconstrued the term “exceptional circumstances” as it appears in s 194(1)(a) of the Corrective Services Act 2006 (Qld), and

(c)the Parole Board acted on material which it obtained from a third party and about which the applicant had no chance to make a submission.

Background

1. On 18 February 2010 Mr Leggett was convicted on a plea of guilty of one count of fraud with circumstances of aggravation.  The circumstances of aggravation were that Mr Leggett was a director of the complainant company at the time of the fraud and that the yield from the offence was in a sum greater than $30,000.  In…