Australia, May 25 -- New South Wales Land and Environment Court issued text of the following judgement on April 24:

1. Graham Loughlan Harrison ("the plaintiff") is an inmate at Goulburn Correctional Centre ("Goulburn" or "GCC").

2. The plaintiff is currently serving a sentence of 36 years for convictions for a wide range of offences including aggravated sexual assault; indecent assault; sexual intercourse without consent; using an offensive weapon with intent to commit an indictable offence; taking or detaining a person with intent to obtain an advantage; producing, disseminating or possessing child abuse material; using a child under 14 years of age to make child abuse material; filming a person in private without consent; and being the owner of massage premises allowing prostitution. The plaintiff's sentence expires on 20 March 2049, and his earliest possible release date is 20 March 2040.

3. Since 5 December 2017, the plaintiff has been designated as "Extreme High Security" ("EHS") pursuant to cl 15 of the Crimes (Administration of Sentences) Regulation 2014 (NSW). He is presently located in Wing 2 of Goulburn, where his placement status is "Special Management Area - Placement" ("SMAP").

The Substantive Proceedings

4. By an Amended Summons filed 17 March 2025, the plaintiff brings proceedings against the Commissioner for Corrective Services ("the Commissioner") seeking judicial review of the decision to continue his EHS designation.

5. The final relief he seeks is as follows:

"1) The decision(s) viz the continuation of the designation of Extreme High Security be quashed by way of certiori.

2) The Commissioner to revoke the EHS designation by way of mandamus.

3) A declaration that following the 12 June 2019 Burwood Court outcome, the basis for the designation being imposed no longer exists."

6. This substantive proceeding is in its preparation stage and has not yet been allocated a hearing date.

7. On 22 January 2025, the Deputy Commissioner, Community, Industry and Capacity, Corrective Services NSW made a decision which included that there should be a change of placement for the plaintiff from GCC to Lithgow Correctional Centre ("Lithgow" or "LCC"). The decision also dealt with two other matters. Pending the hearing of the current proceeding, the Commissioner decided that the change of placement would not take place until after the urgent interlocutory hearing, which I conducted.

Interlocutory order

8. On Wednesday 16 April 2025, a date fixed urgently, the plaintiff moved the Court for the following interlocutory order:

"The decision of the defendant made 22 January 2025 to change the placement of the plaintiff be stayed or otherwise suspended with the current hold to continue pending the outcome of the substantive proceedings."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19664bf9ff1db54f0d91bba6)

Disclaimer: Curated by HT Syndication.