In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by Lyndon David McClay
25 October 2005
Lyndon McClay, on the 4 August 2004 you were convicted in New South Wales with armed robbery with an offensive weapon and sentenced to five years imprisonment. Later you were convicted of stealing a motor vehicle and sentenced to five years concurrent. Your total sentence was five years.
You have already appeared before this Parole Board on two occasions and we granted parole. You breached parole by not completing courses at Missiondale even though the Board considers that your situation has arisen through mental illness or addiction to alcohol and or addiction to alcohol and drugs.
Unfortunately there does not appear to be adequate treatment available in our prison situation to cure you of your problems. The Parole Board is therefore faced with the dilemma that if it refuses you parole you will be able to walk out of the prison without any conditions upon you in November 2006. The chances then would be that you would simply re-offend as a result of your mental condition caused by drugs and alcohol and be back here again. The alternative is that we grant you parole again and take another chance subject to a bed being available at Missiondale.
The advantages of the second course is that at least you have proper treatment and substantial supervision, whilst you are out of the prison system with the chances of you being cured, at least in part, of your problems.
The Board has decided to grant you parole subject to a bed being available at Missiondale. It will be a condition of your parole that you obey all the rules of Missiondale and any breaches of those rules will immediately result in you coming back to prison.
The Board has considered whether it has given you too many chances but concluded that it really cannot give too many chances to a person who is having treatment for their mental and drug and alcohol related problems provided it does not cause a danger to the public.
Provided you stay at Missiondale you will not be a danger to the public. If there is any breach of conditions Missiondale will tell us immediately and you’ll be back here.
So you will be granted parole subject to a bed becoming available at Missiondale.
