The Parole Board is not only permitted but required by s 135 of the Crimes (Administration of Sentences) Act 1999 to consider an offender's antecedents including expired sentences, attitudes to past offending, and willingness to participate in rehabilitation when deciding parole for current sentences. The CCA's jurisdiction under s 155 is confined to whether irrelevant information was taken into account and does not extend to merits review. The breadth of s 135(2)(j) significantly reduces the scope for challenge on the basis of irrelevant considerations.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.