Naehu v Parole Board Queensland [2023] QSC 16

Date: 21 February 2023
Court: Supreme Court of Queensland
Judicial Officer: Justice Kelly
Human Rights Act 2019 (Qld) Sections: s 32
Rights Considered: Rights in criminal proceedings
Other Legislation: Corrective Services Act 2006 (Qld) ss 3(1), 180(1), 193, 194(1)(b), 217(a), 242E; Judicial Review Act 1991 (Qld) ss 20, 23
Keywords: Criminal Law and Corrective Services

The case concerned an application for review of a decision refusing parole. The applicant had been sentenced on two occasions after being found guilty of offences of torture, rape, assault occasioning bodily harm while armed, deprivation of liberty, common assault and possession of dangerous drugs. The Court noted that the applicant had made a faint, undeveloped submission to the effect that the Board’s conduct had infringed his right to a fair hearing (section 31) pursuant to the Human Rights Act 2019 (Qld). The Court considered that the Board’s decision-making process and reasoning did not in any way infringe or impinge upon the Applicant’s rights in criminal proceedings. No substantive discussion of human rights was provided, and the application was ultimately dismissed.

Visit the judgement: Naehu v Parole Board Queensland [2023] QSC 16