Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Ivan John Jones

26 August 2016

Reasons for Decision

Ivan John Jones ("the applicant") has made application for parole. This applicant is currently serving a custodial sentence of 20 years with a non-parole period of 10 years imposed upon his conviction for murder. He has previously been the recipient of a parole order commencing on 23 November 2011. That parole order was suspended on four occasions over the years before finally being revoked. The suspensions and ultimate revocation resulted from the applicant's ongoing use of drugs.

The applicant's offence occurred when he was aged 19 years when he, either alone or in concert with another, inflicted blows with an axe to a neighbour who had come across the applicant in the course of undertaking a burglary.

At the time of sentencing the Honourable Chief Justice Cox (as he then was) held the following:

"You are only 19 years old and you have some learning disabilities and physical ones which resulted in your being on a disability allowance virtually since leaving school. Although in the interviews with the police, which I've seen, you appear to be completely insensitive in respect of the unfortunate victim, there is nothing to suggest that you suffer from any mental ailment which might have contributed to your actions and possibly diminished your responsibility for them. Your family, though not affluent, seem to have been supportive of you and there is nothing to explain why you should have resorted to or encouraged the violence which attended Mr Crawford's death. A lengthy custodial sentence is called for."

The applicant's application for parole was heard before the Board at its meeting on 26 August 2016. On that occasion the applicant was given the opportunity to provide any further information in support of his application. In addition to the applicant's appearance before the Board the Board had regard to the following:

• All documents relevant to the previous parole application and order;
• Current application;
• Prison summary;
• Record of prior convictions;
• Prison episode summary report;
• Pre-parole report;
• Home assessment report;
• Report and correspondence from the Salvation Army;
• Certificate of completion of Positive Living Program conducted by the Salvation Army;
• Apsley report.

It is noted the applicant has two registered victims. No further victim impact statements have been provided in respect of this current application by those victims. Previous victim impact statements provided by the victims formed part of this application.

Contributory to the applicant’s offending behaviour has been his association with criminal elements, boredom and his use of drugs.

Serving his custodial sentence he has undertaken further prison courses including Gottawanna and at the time of the application for parole was president in the Apsley live in program.

Were the applicant to be granted further release on a parole order it is proposed that he reside with his parents and this accommodation has been assessed as suitable albeit there is some potential concern considering this is the previous address at which he was resident when his parole order was ultimately revoked.

Since the revocation of that parole order a further application for parole for the applicant has been refused.

The pre-parole report provided with respect to this application identifies the issues of concern as being primarily:

1. A mitigation or denial of his drug taking issues;
2. Difficulty in taking responsibility for his own behaviour.

In summary the pre-parole report notes that whilst the applicant has more recently utilised his prison time effectively the issue remains as to whether or not that is sufficient to moderate concerns that exist regarding his ongoing lack of insight and denial regarding his risk factors.

Previously obtained report of forensic psychologist Dr Damien Minehan dated 17 January 2011 is also noted in which he expressed the opinion that the applicant was a guarded and emotionally restricted individual who was reluctant to disclose significant details in a number of areas. He believed that the applicant most likely had pervasive developmental disorder on the autism spectrum and presented a moderate risk of future violence.

In contrast to the above it is noted that the Gottawanna course program report identified the applicant as having accepted the fact that his drug use and former associations had negatively impacted on his life and noted he had expressed motivation to not continue further down that path way. It was further identified that a structured environment with strong support upon his release from the custodial environment will be necessary in order for him to succeed.

The Salvation Army noted that they have completed a 10 session positive lifestyle course with the applicant and that Xcell Prison Support were working very closely with him around his post release plans including his support network in order to help him upon his release from the custodial environment.

The applicant was a young offender with identifiable risk factors that led him toward his past offending behaviour. It is the view of the Board upon hearing the applicant in support of his application for parole and considering the above matters and in light of the statutory criteria provided for by the Corrections Act 1997, that this applicant would be assisted if released on a parole order under conditions providing him with structure within which to operate in the general community and closely monitored.

It is further noted that during the previous period of release of the applicant over an approximately 4 year period he had not engaged in any further offending behaviour.

The applicant's release on parole will be subject to orders aimed to require him to not associate with certain antisocial individuals and to refrain from the use of alcohol and drugs. Compliance with those orders will be monitored.

Paroled from 5 September 2016 - 23 June 2025.