In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by Reginald Michael Wells
12th June 2009
Reason for Decision
On the 26th June 2003 the Applicant appeared in the Supreme Court of Tasmania and was convicted of the following crimes:
(a) Aggravated Burglary contrary to Section 245 (A) (iii) of the Criminal Code.
(b) One count of Manslaughter contrary to Section 159 of the Criminal Code.
In relation to the above crimes the Applicant was sentenced to a period of imprisonment of four years and it was ordered that the Applicant not be eligible to be considered for parole until serving three years of that sentence. It was ordered that the Applicant’s sentence of imprisonment was to commence on the 3rd June 2003 which was the date that the Applicant was first taken into custody.
The Director of Public Prosecutions appealed against the sentence of imprisonment imposed upon the Applicant. On the 23rd August 2003 the Court of Criminal Appeal upheld the appeal filed by the Director of Public Prosecutions. The Court of Criminal Appeal ordered that the sentence of imprisonment imposed upon the Applicant on the 25th June 2003 be quashed.
The Court of Criminal Appeal sentenced the Applicant to a term of imprisonment of seven years and ordered that he not be eligible to be considered for parole until serving four years of that sentence. The Board has been provided with the comments on passing sentence made by Justice Underwood (as he then was) when sentencing the Applicant. The comments on passing sentence fully outlined the factual circumstances surrounding the crimes committed by the Applicant and also provides details as to the Applicant’s personal circumstances existing as at the date of sentence.
The Board has also been provided with the judgement of the Court of Criminal Appeal.
On the 28th August 2008 the Applicant appeared in the Supreme Court of Tasmania and was convicted of the following crimes:
(a) Three counts of burglary
(b) Three counts of stealing
In relation to the above crimes the Applicant was sentenced to a term of imprisonment of three years. It was ordered that that term of imprisonment was to be served cumulatively upon the terms of imprisonment imposed upon him by the Court of Criminal Appeal. It was ordered that the Applicant not be eligible to be considered for parole until serving 18 months of that sentence.
In relation to all crimes committed by the Applicant he was not eligible to be considered for parole until the 2nd December 2008.
The Board has been provided with the comments on passing sentence made by Justice Slicer when sentencing the Applicant in relation to the crimes of burglary and stealing. The comments on passing sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.
The Board has received advice from the Victims Assistance Unit that no victims are registered in relation to the crimes committed by the Applicant.
In considering the Applicant’s application for parole the Board has taken into account the statutory criteria which was required to do so pursuant to the Corrections Act 1997.
In particular the Board has taken into account the following matters:
(a) A comprehensive pre-parole report prepared by the Applicant’s Probation Officer.
(b) An addendum to that pre-parole report.
(c) The Applicant’s prior convictions.
(d) The Applicant’s prison record which can be described as satisfactory.
(e) A prison episode summary prepared by Custodial Officers.
(f) A number of references tendered in support of the Applicant’s application for parole.
(g) A written submission prepared by the Applicant in support of his application for parole.
This is not the Applicant’s first application for parole. On the 14th November 2008 the Board refused the Applicant’s first application for parole. (See reasons of Decision dated 14th November 2008). One of the reasons advanced by the Board, as then constituted, for refusing the Applicant’s parole was as follows:
“The Board suggests that to be successful in such an application there be a change in circumstances in relation to securing gainful employment to lesson the temptation to commit further offences.”
To the Applicant’s credit he has obtained full time employment should he be released from prison on parole. At present the Applicant attends his future place of employment once a week.
The Board has also been advised that the Applicant has undergone a number of conditional releases pursuant to Section 42 of the Corrections Act and each such period of release has occurred without incident.
The Applicant will have appropriate accommodation upon his release from prison and will have the support of his sister in assisting him to re-integrate into the wider community.
As noted above the Applicant will have full time employment upon his release from prison.
Given that the Applicant has obtained full time employed, the Board is of the view that he should be granted the privilege of parole.
In the circumstances the Applicant meets the statutory criteria to be granted a period of parole.
Paroled from 30 March 2009 - 2 June 2013
