JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: NGJF -v- PRISONERS REVIEW BOARD [2010] WASC 107
CORAM: HALL J
HEARD: 20 APRIL 2010
DELIVERED : 21 MAY 2010
FILE NO/S: CIV 1190 of 2010
BETWEEN: NGJF
Plaintiff
AND
PRISONERS REVIEW BOARD
Defendant
Catchwords:
Administrative law - Duty to give reasons - Parole - Whether report is a decision - Content of reasons - Declaration
Legislation:
Offenders Community Corrections Act 1963 (WA), s 34, s 40D
Parole and Sentencing Legislation Amendment Act 2006 (WA), s 59
Sentence Administration Act 2003 (WA), s 4, s 5C, s 12, s 12A, s 25, s 107, s 107A, s 107B, s 107C, s 114, s 115, s 115A
Sentence Administration Regulations 2003 (WA), reg 3B, reg 3D, reg 3E, reg 3F, reg 3G, reg 3H, reg 3I, reg 3J, reg 3K
Sentencing (Consequential Provisions) Act 1995 (WA), s 86
Sentencing Legislation Amendment and Repeal Act 2003 (WA), sch 1, cl 13
Result:
Declaration made
Category: A
Representation:
Counsel:
Plaintiff: In person
Defendant: Mr D J Matthews
Solicitors:
Plaintiff: In person
Defendant: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Annetts v McCann (1990) 170 CLR 596
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Brettingham Moore v St Leonards (1969) 121 CLR 509
Griffith University v Tang (2004) 221 CLR 99
Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149
Ireland v Hosie [2003] WASC 223
Minister for Aboriginal Affairs v Peko‑Wallsend (1986) 162 CLR 24
Minister for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565
Public Service Board of New South Wales v Osmond (1986) 159 CLR 656
R v MacFarlane (1923) 32 CLR 518
R v Parole Board; Ex parte Wilson (1992) 1 QB 740
R v St Lawrences Hospital Statutory Visitors; Ex parte Pritchard (1953) 1 WLR 1158
R v The Parole Board; Ex parte Forbes (1996) 89 A Crim R 139
Rechichi v The Parole Board of Western Australia [2001] WASC 363
HALL J:
Introduction
The plaintiff is a serving prisoner. In 1992 he was sentenced to life imprisonment for wilful murder. Under the law that then applied he could be considered for parole after serving 12 years and, if refused, every three years thereafter. The Prisoners Review Board (the Board) could, however, conduct a review at other times and it (or its predecessor) has done so in regard to the plaintiff. In particular, on 2 June 2009 a review occurred and a report was made by the Board to the relevant Minister. These proceedings relate to that review.
Under the applicable law a decision to grant parole to a prisoner serving a life sentence for wilful murder can only be made by the Governor following a report by the Board to the Minister. On 7 October 2009 the plaintiff was advised that it had been decided that he would not be released on parole and also that he would not be…
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- Case
- [2010] WASC 107
- Decision Date
CaseChat Overview and Summary
In determining whether the report constituted a decision, the Court held that s 107B(3) listed decisions that attract the notification obligation, but this was an inclusive not an exclusive list. Therefore, other decisions may also fall under the obligation to provide reasons. The Court found that the Board's report recommending that parole be refused was a decision that required reasons under s 107B(4) of the Act. The Court held that the Board was required to provide reasons for its decision to refuse parole, regardless of whether the decision was made by the Board or the Governor. The Court found that the Board had failed to provide adequate reasons in the report for its decision to refuse parole.
The Court made a declaration that the report did constitute a decision for the purposes of s 107B of the Sentence Administration Act 2003 and ordered the Board to provide reasons for its decision to refuse parole. The Court held that the Board was required to provide reasons for its decision in the report, regardless of whether the decision was made by the Board or the Governor. The Court found that the Board had failed to provide adequate reasons in the report for its decision to refuse parole.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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