First Parole Board decision
First Parole Board decision
The Parole Board directed the Claimant’s release on 3 February 2022 on the basis that it was no longer necessary for the protection of the public that the Claimant should be confined. The oral hearing decision dated 18 July 2022 stated as follows:
“1. Analysis of Offending Behaviour (The Past)
1.1 The Index Offence took place on 24 December 2005. Mr Nguyen was in a pub and became involved in a confrontation when he bumped into the victim. Later, at around 12.30am, Mr Nguyen came across the victim in the toilet of the pub. He assaulted the victim with a pint glass to the side of his neck. The victim suffered immediate and heavy loss of blood and died on 25 December 2005 despite efforts at hospital to save his life.
1.2 Mr Nguyen told the panel that he had failed to think about the consequences when committing the Index Offence, had acted impulsively and, if he had been sober, could have walked away from the situation. He said “It’s the drinking”.His [Community Offender Manager] told the panel that alcohol misuse was the “driving factor” in the commission of the Index Offence.
1.3 The sentencing Judge said that Mr Nguyen was a man who was quick to take offence because of the way he wrongly perceived the actions and thoughts of others. At the time of the Index Offence, Mr Nguyen was drinking heavily and the Parole Board in 2021 noted that his life was out of control. Mr Nguyen drank lager all day and spirits in the evening until he passed out, only recognising that he was an alcoholic when he came to prison.” (emphasis added)
The licence conditions imposed on the Claimant included the following:
“6. You are subject to alcohol monitoring. Your alcohol intake will be electronically monitored for a period of 12 months from the date of your release, and you may not consume units of alcohol, unless otherwise permitted by your supervising officer.
…
8. Allow person(s) as designated by your supervising officer to install an electronic monitoring tag on your and access to install any associated equipment in your property, and for the purpose of ensuring that equipment is functioning properly. You must not damage or tamper with those devices and ensure that the tag is charged, and report to your supervising officer immediately if the tag or the associated equipment are not working correctly.”
- Heading
- Vikram Sachdeva KC
- Circumstances of Index Offence
- First Parole Board decision
- First recall and second Parole Board decision
- Events preceding the recall decision under challenge
- Recall decision under challenge
- Evidence filed by the parties
- Legal Framework
- Grounds of Review
- Defendant’s Stance
- Analysis
- Were there reasonable grounds for concluding that there was a breach of licence conditions?
- Was it necessary to recall the Claimant?
- The Parole Board decision dated 25 March 2024
- Failure to consider previous Parole Board decision
- Irrationality
- Conclusions
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