In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by W R
9 April 2009
Reason for Decision
On 4 March 2005 the Applicant appeared in the Supreme Court of Tasmania and was convicted of the following crimes:-
(a) Two counts of Maintaining a Sexual Relationship with a Young Person Under the Age of Seventeen Years contrary to s125A of the Criminal Code.
(b) One count of Indecent Assault contrary to s127 of the Criminal Code.
In relation to the above crimes the Applicant was sentenced to a period of imprisonment of seven years to commence on 2 March 2005 which was the date that the Applicant was first taken into custody.
In relation to parole it was ordered that the Applicant not be eligible to be considered for parole until serving four years of that sentence.
As such the Applicant became eligible to be considered for parole on 1 March 2009.
The Board has been advised by the Victims Assistance Unit that a number of victims are registered in relation to the Applicant’s crimes. Each of the victims of the Applicant’s crimes chose to provide the Board with a Victim Impact Statement. The Board has carefully considered the contents of the Victim Impact Statements which have been provided to it.
The Victim Impact Statements make it clear the crimes committed by the Applicant have had a profound affect upon his victims and their extended family.
The Board has also been provided with the Victim Impact Statements which were tendered at the Applicant’s sentencing hearing. The Board has also carefully considered those documents. Each of the victims who provided a Victim Impact Statement to the Board opposed the Applicant being granted parole. As indicated above, the Board has carefully considered the Victim Impact Statements provided to it and the wishes of the victims. The Board however is required to apply a number of statutory criteria to the Applicant’s application for parole and the impact of his crime upon his victims and the wishes of his victims in regard to his release on parole are only two factors of a number which the Board are required by the Corrections Act 1997 to take into account when assessing an application for parole.
Each of the Applicant’s victims have made a request that the Board make specific parole conditions which will prevent the Applicant having contact with them and their extended family. Given the nature of the crimes committed by the Applicant and the impact that the crimes have had upon the Applicant’s victims the Board is of the view that it is appropriate to make specific orders that will prevent the Applicant from having any contact with his victims.
One of the victims of the Applicant’s crimes has also requested that the Board give consideration to making orders which will prevent the Applicant from having contact with young children.
In accordance with the Boards usual practice it will make specific orders which will prevent the Applicant from having contact with persons under seventeen years of age without an appropriate adult being present, preventing the Applicant from obtaining employment in any position which will expose him to children and finally orders which will prevent the Applicant from loitering near schools, public toilets or other places frequented by children.
The Board has been provided with the Comments on Passing Sentence made by Justice Crawford (as he then was) when sentencing the Applicant. The Comments on Passing Sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.
The Board has also been provided with significant documentation from the Department of the Director of Public Prosecutions and has carefully considered that documentation.
In considering the Applicant’s application for parole the Board has taken into account the statutory criteria which it is required to do so pursuant to the Corrections Act 1997.
The Board has taken the following matters into account when assessing the Applicant’s application for parole :
a. The comprehensive pre-parole report prepared by his probation officer.
b. A Prison Episode Summary Report prepared by officers of the Department of Justice.
c. The fact that the Applicant had no prior convictions whatsoever prior to the commission of these crimes.
d. The Applicant’s prison record which can be described as exemplary.
e. A written submission prepared by the Applicant in support of his application for parole.
f. The fact that the Applicant has completed the Parole Awareness Course.
Given the nature of the crimes committed by the Applicant he was eligible to be assessed fro participation in the Sex Offenders Program. The Applicant was assessed by the facilitators of that program and that assessment indicated that the risk of the Applicant re-offending was low and as such he was ineligible to participate in that program.
The Board has been advised that the Applicant will have appropriate accommodation upon his release from prison. He will have the support of his extended family in assisting him in reintegrating into the wider community.
The Board has also been advised that the Applicant has prospects of employment upon his release from prison.
The Applicant has also made arrangements to obtain ongoing counselling upon his release from prison to address the nature of the crimes committed by him.
The Board has been advised that the Applicant has undergone a number of conditional releases from prison pursuant to s42 of Corrections Act 1997. each such period of conditional release has occurred without incident.
Taking all matters into consideration the Board is of the view that the Applicant meets the statutory criteria to be granted the privilege of parole and the that the Applicant’s reintegration into the wider community will best be served by granting him a period of parole with appropriate conditions.
Paroled from 27 April 2009 - 1 March 2012
