In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by L J S
25 October 2005
You were convicted on the 15 November 2002 with forceful abduction and rape and received a sentence of six years.
You have maintained your innocence throughout and a large amount of material that we’ve received goes to an argument that you’re innocent and did not commit the offence.
I want to make it clear that the Parole Board is bound by the decision of the Court. Parole hearings are not the appropriate forum to argue that there was a wrongful conviction.
The Parole Board is not entrusted with the task of reviewing convictions, it is not equipped to do so, nor has Parliament given it the power, entrusted it with that task. The Parole Board has to accept that you have been rightfully convicted.
The Parole Board is also concerned when people come and say that they’ve been wrongfully convicted that they might take that attitude out into the public and also surrounded by people who also feed that attitude may not be the best conditions for rehabilitation.
Anyway leaving that aside as I said we’ve got to just assume that you are guilty.
There are a number of matters which the Parole Board has to take into account when considering whether or not a person is eligible for parole. As I said whether or not you’re guilty is assumed.
The likelihood of re-offending is one of the main matters that we have to take into account along with your chances of rehabilitation.
There is a strong view that rehabilitation will not be achieved if an offender does not accept responsibility for their actions and have taken steps to minimise their risk of re-offending and for this reason the Parole Board usually considers that if a person is convicted of a sexual offence that they should participate in a sexual offenders treatment program and usually the Parole Board insists on such a participation before considering parole.
The Courts have however made it clear that failure to admit a crime is only one factor to be taken into account when considering parole and a person is not to be locked up forever simply because they maintain their innocence. Although as I’ve said it’s certainly a matter that should be taken into account by the Parole Board as to whether or not a person is suitable for rehabilitation.
But similarly a failure to participate in the Sex Offender Treatment Program (SOTP) is only one factor which the Board must consider albeit that this Board has always considered participation in the SOTP to be an extremely important matter and it has routinely refused parole to prisoners on the basis that they had failed to participate in the SOTP either because they’ve just refused to participate or they’ve said that they were innocent and therefore being ineligible to participate.
In exceptional cases however the Board will grant parole notwithstanding failure to undertake a sexual treatment program for offenders. This we consider is one of those cases because we think that the reasons you should be granted parole are overwhelming when we take into account the rehabilitation prospects and your chances of re-offending.
We will be granting your parole in this case as from the 10 November 2005.
Because alcohol has been associated with your offence we will be putting a condition on your parole that you not drink alcohol at all. Any breach of that and you will be back here.
The Parole Board considers, as I said, that notwithstanding a failure to undertake a sexual treatment program because of your persistence on the fact that you’re innocent but taking into account all the other matters and the reasons you should be given parole are overwhelming. The prospects of rehabilitation are extremely good.
Whilst you’ve been in the prison you’ve undertaken a university course which has required you to attend university everyday. That not only shows that you are trusted by the prison it also shows that you’ve been in the community, had the opportunity to offend and haven’t done so, and have not abused those positions. This augers well for not only rehabilitation but also the fact that it indicates that you won’t be a danger to the public.
You also have employment to attend immediately upon your release in more than one position.
We don’t consider you’re a danger to the public. As I said, you’ve already attended university everyday for the last year.
Your references from your family and members of the community, although a lot of them go to say that in their opinion you didn’t commit the offence, and we disregard them to that extent, at least show that those people think that the actions were completely out of character and they are prepared, notwithstanding your conviction, to stand behind you and give a reference in your favour. So again that shows that you are probably unlikely to offend in the future.
You also have excellent behaviour whilst you’ve been in prison.
So for all those reasons we’re going to grant you parole as from the 10 November, 2005.
