A psychologist's report before the Parole Board that repeatedly refers to a prisoner's unwillingness to undertake counselling, without mentioning the prisoner's documented efforts to obtain counselling, is misleading within the meaning of s 23 of the Sentencing Act 1989 (NSW). The omission of material facts can render a report misleading even where the statements actually made are not false. The question whether s 23 empowers the Court to give consequential directions (such as directing a further hearing) was raised but left open.
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