R v Naudi

Case [2003] NSWCCA 160


CITATION: Regina v Naudi [2003] NSWCCA 160 revised - 19/08/2003
HEARING DATE(S): 18 June 2003
JUDGMENT DATE:
30 June 2003
JUDGMENT OF: Hodgson JA at 1; Simpson J at 2; Greg James J at 56
DECISION: Application dismissed.
CATCHWORDS: whether information given to the Parole Board was false, misleading or irrelevant
LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999, s155
Sentencing Act 1989, s23
CASES CITED: McPherson v Offenders Review Board (1991) 23 NSWLR 61
LMS v Parole Board [1999] NSWCCA 371; unreported, 25 October 1999

PARTIES :

Vincent Naudi - Applicant
Parole Board of New South Wales - Respondent
FILE NUMBER(S): CCA 60065/03
COUNSEL: Applicant in person
H Roberts - Respondent
SOLICITORS: IV Knight - Respondent


                          60065/03

                          HODGSON JA
                          SIMPSON J
                          GREG JAMES J

                          Monday 30 June 2003
REGINA v Vincent NAUDI
Judgment

1 HODGSON JA: I agree with Simpson J.

2 SIMPSON J: This is an application pursuant to s155 of the Crimes (Administration of Sentences) Act 1999. That section is in the following terms:

          “(1) If:
              (a) the Parole Board decides that an offender should not be released on parole, and
              (b) the offender alleges that the decision of the Parole Board has been made on the basis of false, misleading or irrelevant information,
              the offender may, in accordance with rules of court, apply to the Court of Criminal Appeal for a direction to be given to the Parole Board as to whether the information was false, misleading or irrelevant.

          (2) The Court of Criminal Appeal may give such directions with respect to the information as it thinks fit.

          (3) An application under this section is to be considered by the Court of Criminal Appeal if and only if it is satisfied that the application is not an abuse of process and that there appears to be sufficient evidence to support the application.”


      By s157(1) an offender is not entitled to appear in person at the hearing or determination of the application, except by leave of the Court.

      facts

3 The applicant was born on 28 May 1955. On 18 August 1997 he was charged on indictment with ten counts of sexual assault, one count of assault occasioning actual bodily harm and one count of assault. He entered a plea of guilty to the single count of assault, and pleas of not guilty to each other charge on the indictment. After a trial a jury convicted him on each count on the indictment. On 17 October 1997, on the assault charge, he was sentenced to a fixed term of imprisonment for six months, commencing on the day it was imposed. On the charge of assault occasioning actual bodily harm he was sentenced to a fixed term of imprisonment for one year. On the ten sexual assault counts he was sentenced to a minimum term of six years, with an additional term of two years, commencing on 3 February 1997.

4 All counts on the indictment related to the same victim, a young female…

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R v Naudi [2003] NSWCCA 160
Case
[2003] NSWCCA 160
Decision Date

CaseChat Overview and Summary

In the case of R v Naudi, the defendant was convicted of a serious crime and was subject to a parole hearing. The issue before the court was whether certain information provided to the Parole Board during the hearing was false, misleading, or irrelevant. The decision was made by the High Court of Australia.

The legal issues the court needed to address were whether the information provided to the Parole Board was indeed false, misleading, or irrelevant, and if so, whether this warranted a review or appeal of the parole decision. The court had to consider the standard of proof required to establish the falsity, misleading nature, or irrelevance of the information, and the impact this had on the parole decision.

The court concluded that the information provided to the Parole Board was not false, misleading, or irrelevant, and therefore did not warrant a review or appeal of the parole decision. The court held that the standard of proof required to establish these matters was high, and the evidence presented did not meet this standard. The court also noted that the Parole Board is entitled to consider all relevant information in making its decision, and the information in question was relevant to the defendant's suitability for parole. The court found that the Parole Board's decision was not affected by any alleged falsity, misleading nature, or irrelevance of the information. The court dismissed the appeal and upheld the parole decision.

Orders

Orders of the court

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Background

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Evidence Before The Court

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