In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by Mark John Adams (formerly Unsworth)
4 March 2003
Mr Adams has made an application for parole. It is not his first application. To date his applications for parole have not been successful.
Mr Adams was convicted of one count of murder on the 30th September 1986 and sentenced to life imprisonment by Neasey J in the Supreme Court of Tasmania. The relevant facts are that at approximately 4 am on the 27th March 1986 Mr Adams attacked Mrs Edna Jean Story in her home at Risdon Vale where she lived alone. As a result of that attack Mrs Story suffered stab wounds to her chest, arms and hands. Despite her injuries, she managed to raise the alarm and some of her neighbours came to her assistance. She was then conveyed to the Royal Hobart Hospital where she subsequently died of her injuries on the 5th April 1986.
Mr Adams applied to be re-sentenced pursuant to the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994, s8(1). That application was heard by Wright J on the 24th June 1997 and as a result Mr Adams was re-sentenced to 25 a year term of imprisonment, to commence on the 30th September 1986, which was the day upon which the original sentence of life imprisonment was imposed. Wright J also ordered, pursuant to the (now repealed) Parole Act 1975, s12B(1)(e) that Mr Adams not be eligible for parole before the expiration of 18 years. On the 2nd July 1997 Wright J varied the terms of the new sentence so that the period of 25 years’ imprisonment was expressed to commence on the 23rd April 1986 (the day upon which Mr Adams was taken into custody for this crime) and so that the 18 year period of ineligibility for parole was expressed to commence from that date also.
Mr Adams appealed against the sentence imposed by Wright J and also against the order making him ineligible to apply for parole for a period of 18 years. That appeal was determined by the Court of Criminal Appeal comprising Cox CJ, Underwood and Crawford JJ. That Court dismissed Mr Adams’ appeal so far as it related to the length of his sentence however it upheld his appeal in relation to the issue of ineligibility for parole. The Court of
Criminal Appeal substituted its own order in lieu of the order of Wright J to the effect that Mr Adams not be eligible for parole in respect of his sentence until the expiration of 15 years dating from the 23rd April 1986.
That this crime was a dreadful crime cannot be doubted. The function of this Board however is to determine whether or not, having regard to matters set out in the Corrections Act 1997, s72(4) Mr Adams ought to be released on parole. He is eligible to be considered for parole given the orders of the Court of Criminal Appeal on the 24th April 1998.
There has recently been public debate regarding the wisdom of parole. That cannot be a consideration in relation to the deliberations of the Board. The Corrections Act 1997 sets out the framework for parole in this State as well as the matters that the Board must take into consideration in determining an application for parole. They are the only relevant matters.
Taking those matters into consideration, it is our opinion that any risk to members of the public that may exist are not such to warrant the continued incarceration of Mr Adams given the good prospects that exist for his rehabilitation. That is evidenced by his behaviour whilst in prison and his demonstrated commitment to a release plan.
In our consideration of this application, we have taken into account psychiatric evidence available to us. That evidence although some 2 years old, does express a concern that Mr Adams may have become institutionalised and not have the capacity to cope outside of the prison environment given his difficult upbringing. Any concerns that we have in relation to that however are allayed by the significant support offered to Mr Adams by his probation officer and by members of the Salvation Army who have been working with him. A significant amount of effort has been put into a release plan for Mr Adams including a significant amount of effort on his part. Mr Adams is well regarded by the prison authorities and, apart from some transgressions during his long stay at prison, he has put his time generally to good use through hard physical work in carrying out the duties allotted to him.
We have also taken into account the various statements provided by the family members of Mr Adams’ victim. Without exception, those family members would prefer that Mr Adams not be released on parole and that he serve the full term of his sentence of 25 years. Clearly the Board is required to take into consideration statements provided by victims of an offence for which the prisoner has been sentenced to imprisonment – see Corrections Act 1997, s72(4)(ka). It is apparent from reading the statements that have been provided that the crime committed by Mr Adams has had a significant effect upon Mrs Story’s family members. That is hardly surprising given the circumstances of the crime. Those statements however are only one of the factors that the Board is required to take into account. In taking those statements into account, the Board is not permitted to ignore the other matters which it is also required to take into consideration pursuant to Section 72. Whilst we have referred to them in general terms they include, but are not limited to:
Given the time that has elapsed since this crime was committed we consider that there is little likelihood that Mr Adams will re-offend in a similar manner. In the circumstances, we do not consider that the protection of the public warrants the continued incarceration of Mr Adams given the positive steps taken to date towards his rehabilitation and the likelihood that his release on parole will continue that programme enabling Mr Adams to become a useful member of society.
The function of the Parole Board is to determine whether or not Mr Adams should be released on parole. The Corrections Act 1997 sets out the framework, as well as the matters that the Board must take into consideration when determining an application for parole,
I too have considered the relevant matters under the Corrections Act 1997, the psychiatric evidence, prison reports, the detailed reports from both his Parole Officer and the Salvation Army support officer and the statements provided by the family members of Mr Adams’ victim.
I agree with the other members of the Board that after consideration of the material provided and the time that has elapsed since the commission of the offence, there is little likelihood that Mr Adams will offend in a similar manner. I do not consider that the protection of the public warrants the continued incarceration of Mr Adams given the positive steps taken to date towards his rehabilitation and the likelihood that his release on parole will continued that programme, enabling Mr Adams to assimilate back into society.
The order of this Board therefore is that Mr Adams be released on parole on the 18th March 2003 and that he remain on parole until his latest release date which is the 22nd July 2011. His parole shall be subject to the following conditions in that he shall:
1. Upon release immediately report in person to the Manager, Community Corrections at Hobart;
2. Be subject to supervision on parole of a Probation Officer who shall be such person as is appointed for that purpose from time to time by the State Manager, Community Corrections;
3. Report to the Probation Officer, or other person nominated by the Probation Officer, in the manner and at the places and times directed by the Probation Officer and shall be available for interview at such times and places as the Probation Officer or nominee may from time to time direct;
4. Reside at any address arranged or approved by the Probation Officer;
5. Only engage in employment which is approved by the Probation Officer;
6. Not change address or employment without first obtaining the permission of the Probation Officer, or, if that is not practicable, then the parolee shall inform the Probation Officer of any change of address or employment within 48 hours after its change;
7. Obey all reasonable directions of the Probation Officer including such directions as the Probation Officer may see fit to give as to counselling in relation to gambling, alcohol or drug use;
8. Obey the Probation Officer’s direction in relation to associates;
9. Not frequent or visit any place or district specified in a direction by the Probation Officer;
10. Not leave the State of Tasmania without the prior written approval of the Regional Manager Community Corrections/Parole Board;
11. Be of good behaviour and not violate any law and in particular shall not commit any offence involving:
(a) intoxication;
(b) dishonesty;
(c) actual or threatened personal violence;
(d) the possession or use of firearms or weapons;
(f) possession or use of prohibited drugs; or
(g) traffic laws, including the Road Safety [Alcohol & Drugs] Act;
12. Attend as directed by the Probation Officer any rehabilitation programme nominated by the Probation Officer and not, without the permission of the Probation Officer, be discharged from or do anything to bring about a discharge from that programme;
13. Do whatever is necessary to authorise all medical or other professional or technical advisers or consultants to make available to the Probation Officer relevant reports as to the parolee’s medical or other conditions at all reasonable times;
14. Not, other than in strict accordance with a Doctor’s directions, use, possess or administer any drug or substance which cannot be legally obtained without prescription from a Doctor unless the parolee has such a prescription;
15. Not to remain in the presence of any person using or administering any prohibited substance;
16. Present for urine and/or breath analysis or other testing as and when required by the Probation Officer and is to do all things and sign all such documents as may be necessary to enable such an analysis or testing;
17. Not follow (the names of the persons referred to in this condition shall be specified in the copy of the conditions on the parolee’s file and on the copy provided to him but there is no purpose to be served by publishing those names in these reasons) or loiter outside their place of residence or any other place frequented by them or keep them under surveillance or act in any other way that could be expected to arouse their apprehension or fear;
18. Refrain from the consumption of intoxicating liquor; and
19. Not enter upon or remain upon any licensed premises during the first 6 months of parole.
