In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by Barbara Joy Franklin
29 August 2003
Reason for Decision
The applicant Barbara Joy Franklin was convicted of the crime of murder on the 8th December 1993 and was sentenced to life in prison. She was subsequently sentenced to twenty years imprisonment and became eligible to apply for parole on the 3rd March 2003.
It is not the role of the Parole Board to question the length of the sentence given by the sentencing Judge. The Board is entitled to assume that the sentence was appropriate. It is not the Court of Appeal. The role of the Parole Board is to determine whether the applicant, having reached the eligibility date of parole, should be granted parole and what conditions should be imposed if parole is granted to the applicant.
In reaching this decision the Parole Board is required by Section 72(4) of the Corrections Act 1997 to take into account a number of factors. The Board has considered all those factors.
The Board is of the opinion that the applicant is unlikely to re-offend and is no danger to the public if released from prison. The applicant had no prior criminal record whatsoever before her conviction for murder. Dr Evesdale, psychiatrist, who, in his report to the Parole Board, has commented in his report:
“There is no indication of mental illness in Ms Franklin either now or in the past.”
He further said
“Ms Franklin is an improbable offender. She is a middle-aged woman with socially conservative values, with no evidence of mental illness or substance abuse, and from a stable personal background. I believe the risk to the public would be low if she were to be released on parole.”
The applicant has had a record of good behaviour whilst in prison and has been described as “very good, self motivated worker” and “very dependable and polite inmate”. She has worked in the prison store to assist the canteen officer and as a cleaner and as library assistant.
The applicant is housed in the cottage outside the prison complex and enters the division for lunch and evening meals only. There have been no problems with this arrangement.
She has had periodic release outside the prison for the last twelve months for periods of up to forty-eight hours. Again, there have been no problems with her releases from prison.
The Board has been provided with a pre-parole report. The Probation and Parole officers consider that the applicant is a low risk offender.
The applicant plans to reside with a female friend on a thirteen-acre farm to enable her to establish herself and re-enter the community. That friend has been a friend of the applicant’s family for some years.
The applicant is eligible for an old age pension and will live off Social Security. The Board considers there is no further benefit to the community or the applicant of her remaining in prison and that she should be granted parole. The applicant will be released on parole, subject to appropriate conditions and supervision by a Parole Officer.
The Parole Board, having considered your application for parole, is going to grant you parole from the 19th September 2003. You will be on parole until the 1st March, 2013
There will be a number of conditions attached to that parole. These will be explained to you fully when you are released.
