In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by J A R
11 November 2011
Reasons for Decision
On the 7th August 2009 in the Supreme Court at Launceston the Applicant pleaded guilty to maintaining a sexual relationship with a young person. He received a sentence of imprisonment of 3 years and six months with a non parole period of half that time, being 21 months. He became eligible for release on parole on the 5th February 2011.
The Board notes there is a registered victim. She has not provided a statement. However a non molestation request has been made. The Board is satisfied the statutory criteria in this regard has been adhered to.
The Board has considered all comments made by Chief Justice Crawford when passing sentence. The Applicant is described as having suffered sexual abuse himself at a young age. However this was a breach of trust. The psychiatric report obtained for sentencing offers the opinion that the Applicant has a low statistical risk of re-offending. In mitigation there was no violence or threats made. The Applicant made an early plea, expressed remorse and had a good record.
In considering the application for parole the Board has taken into account the statutory criteria which it is required to do pursuant to the Corrections Act 1997.
In particular the Board has considered the following:-
1. The Applicant’s statements that he is very remorseful. He realises he has affected a lot of people by his actions and wishes he could change the past. He is determined to learn from his mistakes. He has undertaken studies in psychology and wishes to apply this so some good can come of his actions. He has a plan to continue seeing a psychologist upon release.
2. The Prison Episode Summary dated January 2011. This is the Applicant’s first sentence. He has no internal offences recorded. He has been working at Hayes prison farm, often offsite, without direct supervision. He has undertaken several S 42 releases for the purpose of re-integration back into society. All have proceeded without incident.
3. The Board has considered a psychologist report obtained for the purpose of considering a grant of parole. It is noted that the Applicant does not suffer from any mental disorder. He is also assessed as having a low risk of re-offending. However as he failed to complete the sexual offenders program whilst in prison it is considered he must attend for psychological counselling to ensure he addresses his poor coping skills and difficulty dealing with interpersonal stress. The Applicant is willing to receive such counselling with his own treating psychologist, who agrees to assist. A referral to his GP for such appointments is considered necessary upon his release.
4. The Board has considered the Pre Parole Report completed on the 17th January 2011. There is no history of substance abuse. The Applicant has satisfactory accommodation upon release. He has family support. He is likely to obtain employment.
The Board is of the view that the Applicant will now be better rehabilitated outside the prison system and should be released. He is to continue counselling with his psychologist as deemed appropriate by his probation officer. He is not to enter licensed premises and is not to consume intoxicating liquor. There is to be no contact with young children without supervision as approved by the probation officer and the usual clauses relating to living near or working with children are to apply. There is a non molestation clause included in relation to a victim. The Board requests a report of the applicant’s progress after three months of his release.
Paroled from 21 November 2011 – 05 Febraury 2013
