Petrie v Queensland Community Corrections Board

SUPREME COURT OF QUEENSLAND

CITATION:

Petrie  v Queensland Community Corrections Board [2006] QSC 188

PARTIES:

GAVIN JOHN PETRIE

(applicant)
v
QUEENSLAND COMMUNITY CORRECTIONS BOARD
(respondent)

FILE NO/S:

BS 4393 of 2006

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Brisbane

DELIVERED ON:

3 August 2006

DELIVERED AT:

Brisbane

HEARING DATE:

19 July 2006

JUDGE:

Philippides J

ORDER:

The decision of the respondent evidenced in letters to the applicant dated 1 February 2006 and 28 April 2006 to refuse the application for post-prison community based release be set aside and the matter be referred back to the respondent for reconsideration.

CATCHWORDS:

ADMINISTRATIVE LAW – GROUNDS OF REVIEW –   JUDICIAL REVIEW – defective exercise of power – consideration of irrelevant matter – error of law – refusal by Queensland Community Corrections Board of application for post-prison community based release – where sentencing judge made a recommendation as to eligibility for post-prison community based release (PPCBR) and also recommended applicant undergo sex offenders treatment program while in custody – where applicant at all times willing to undergo sex offender program – where applicant unable to access program prior to date recommended by sentencing judge for eligibility for PPCBR – where application for PPCBR refused by Board – whether Board’s decision an improper exercise of power or otherwise contrary to law

Corrective Services Act 2000 (Qld), s 134
Judicial Review Act 1991 (Qld), s 20, s 24(b)

Williams v Queensland Community Corrections Board [2000] 1 Qd R 557
R v MacKenzie [2002] 1 Qd R 410
R v Maxfield [2002] 1 Qd R 417

COUNSEL:

Applicant appeared in person
Mr J M Horton for the respondent

SOLICITORS:

Applicant appeared in person
Crown Law for the respondent

PHILIPPIDES J:  

Background

1. The applicant seeks judicial review of a decision by the respondent refusing him a post-prison community based release order (“PPCBR”). 

1. On 2 August 2004 the applicant was sentenced on his plea for the offence of maintaining an unlawful relationship of a sexual nature with a child under 16.  The applicant was sentenced to six years imprisonment with 433 days of pre-sentence custody being declared as time served.  In sentencing the applicant, the learned sentencing judge observed that the applicant had, prior to the offending, been the child complainant’s teacher and that the offence involved a grave breach of trust, but noted that the applicant was of generally good character with a very slight criminal history and that there was no suggestion of physical force being used in connection with the offence.  The offending was stated to have involved relatively few actual sexual incidents.  The sentencing judge referred to a report by                Dr Isailovic and stated that while it indicated that there was a risk of future offending, it was not significantly high, particularly if the applicant underwent treatment whilst in custody which he was willing to do. 

1. The sentencing judge concluded that the matters in the applicant’s favour ought to be reflected in an early recommendation for PPCBR and recommended that the…