Parole Authority Discretion to Grant or Refuse Parole in NSW


Here is more on parole authority laws in NSW. If seeking advice it’s recommended to get specific legal advice.

33-year-old Mohammad Bayati was found guilty of taking or detaining a 3-year-old girl to obtain an advantage and commit an act of indecency on her.

Bayati led the 3 year old girl through a stairwell of the Homebush DFO outlet in December 2016, after she was found playing  in the outlets play area with her siblings.

What the CCTV footage depicted was shocking, namely, Bayati holding the little girl’s hand as he led her onto the stairwell before both disappeared from the camera’s view for about 11 minutes during which time he exposed his penis to her.

His Honour Judge Robinson when delivering Judgement on Friday said, “He took and detained the victim for his sexual gratification”.

“When one carefully views all the evidence, it is clear to me that he had a sexual interest in the victim.”

“I am mindful of the victim’s age as well as that of the offender, who would have been trusted to find her mother.”

The girls family said, that their “peaceful family life had been destroyed and will never be the same again.”


History of the Criminal Proceedings

These proceedings lasted 3 trials concerning these allegations.

In 2019, he was sentenced to four and a half years imprisonment after the jury found him guilty of indecent assault, taking a child to obtain an advantage and committing an act of indecency. This was following his second trial. He then received a two and a half year non-parole period (period he must spend behind bars before being eligible for parole).

Bayati then successfully had his convictions overturned by the NSW Court of Criminal Appeal.

The Court of Criminal Appeal ordered a re-trial. Following a re-trial the jury came back with a guilty verdict on one charge of take/detain a person to obtain advantage, and a charge of committing an act of indecency on a victim under 10-years.


The Sentence Imposed

Bayati was ultimately sentenced to 4 years imprisonment with a non-parole period of 2 years and 3 months, making him eligible for release on parole in April 2021. He has been in custody now for just over 3 years and 7 months.


Parole Authority NSW

Where a sentence of imprisonment is over 3-years and a non-parole period has been set by the sentencing court, the offender has no right to be released once the non-parole period expires.

The parole laws operate by making the offender eligible for parole. Whether parole is granted or refused is entirely at the discretion of the Parole Authority.

The Parole Authority is empowered to grant parole if section 126 of the Crimes (Administration Sentences) Act 1999 (NSW) is satisfied. These are the pre-requisite conditions which must first be satisfied before the Parole Authority can decide on the ultimate question on whether or not to grant parole, namely, “the interest of the community safety”.

The Parole Authority can grant parole if of the view that it will be in the interest of the community safety to do so, pursuant to section 134. Factors that the Parole Authority will consider in determining this ultimate questions include, risks to the community safety, likely effect on the victim and family, criminal history, nature and circumstances of the offence, sentencing Judge’s comments on sentence, likelihood of affecting the risk of reoffending if released, any reports prepared by community corrections or other authority. The full list is outlined in the provisions.

If parole is granted, parole conditions will also be considered and imposed. These include standard conditions and can include additional conditions.

Here is more on reviewing or appealing parole.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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