Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jamie Leigh Fewkes

27 September 2019

Reasons for Decision

Offences and Conviction

Jamie Leigh Fewkes (the applicant) is currently serving a sentence of imprisonment of 12 months with a non-parole period of 6 months imposed upon his conviction for aggravated burglary and assault.

Parole Eligibility Date

The applicant became eligible for parole from 25 September 2019.

The applicant appeared before the Board in respect of his application at the hearing on 27 September 2019.

On that occasion the applicant was invited to provide any information he had in support of his application and made himself available for questioning by the Board.

A pre-parole report prepared on behalf of the Board had been read to the applicant prior to his appearance at the hearing.

Registered Victim

There is a registered victim.

Statutory Criteria

In determining the application, the Board has had regard to the following statutory criteria:-

The Corrections Act 1997, s72, establishes a statutory criteria for determining suitability for parole.

S72 (4) specifically provides as follows:

“In determining whether or not a prisoner should be released on parole, the Board is to take into consideration –

• The likelihood of the prisoner re-offending; and
• The protection of the public; and
• The rehabilitation of the prisoner; and
• Any remarks made by the court in passing sentence; and
• The likelihood of the prisoner complying with the conditions; and
• The circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment; and
• The behaviour of the prisoner while in prison and, if he or she has been in a secure mental health unit, while in that secure mental health unit; and
• The behaviour of the prisoner during any previous release on parole; and
• The behaviour of the prisoner while subject to any order of a court; and
• Any reports tendered to the Board on the social background of the prisoner, the medical, psychological or psychiatric condition of the prisoner or any other matter relating to the prisoner, including in the case of a prisoner who is or has been a forensic patient any report of the Chief Forensic Psychiatrist; and
• The probable circumstances of the prisoner after release from prison; and
• Any statement provided under subsection (2B) by a victim, or, if subsection (2AB) applies, the parent or guardian of the victim, of an offence for which the prisoner has been sentenced to imprisonment; and
• If the prisoner is a sex offender prisoner, any notice or assessment given to the Board pursuant to section 31(6) or (7) concerning the prisoner's participation or non-participation in appropriate treatment; and
• Any other matters that the Board thinks are relevant.”

When considering the application for parole of a sex offender s31(3)(b) of the Act is also relevant:

• “The Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that…
• Participation, non-participation or unsatisfactory participation will, if the prisoner becomes eligible for parole, be factors taken into consideration by the Board in determining whether the prisoner should be released on parole.”

Documentation

The Board has had regard to the following documents in considering the application: -

The documents considered:

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions
6. Prison episode summary report;
7. Pre-parole report;
8. Home assessment.

Parole:

The system of parole recognises the capacity of some prisoners for change and reform, the benefits of supervision, treatment and program delivery in the community and ultimately the potential this has for the protection of the community by reducing the risk of reoffending and supervising the reintegration of offenders.

When considering eligibility for parole this purpose must be weighed against the risk each prisoner may pose to members of the community if released to serve the remainder of their sentence amongst them and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant’s offending behaviour involved unlawful entry to the victim’s home at a neighbouring property armed with a baseball bat which the applicant then proceeded to use to assault the victim in an apparently intentional act.  The applicant continued to assault the victim by punching him, causing facial injuries and bruising. The attack appeared to have been prompted by a belief that the neighbour had issues with the behaviour of the applicant’s family.

The applicant has relevant prior convictions and, in the past, has been sentenced to community service orders and several suspended sentences. The applicant has served time in prison, most recently just prior to the current sentence. Complicit in the applicant’s offending behaviour is his abuse of alcohol which commenced when he was a teenager.

In comments on passing sentence, his Honour Justice Blow noted the applicant had been sober since his release from prison and that the applicant “acknowledged through your counsel that you were very sorry for what happened to the victim”.

The applicant has some prospects for rehabilitation. In his written application to the Board the applicant expressed remorse and provided information indicating he has gained insight into the seriousness of his violent behaviour and the need to address this.  Prior to his incarceration the applicant was in a stable relationship with two children and he expressed a desire to be a “role model” and teach his children “that violence isn’t the answer to everything”.

The applicant is currently classified medium security as a result of a recent internal offence where he entered a vacant cell and removed an item without authorisation.  However, prior to this the applicant had attained minimum classification and was accommodated in the minimum-security area of the prison. Case notes provided to the Board indicate that generally the applicant’s behaviour is polite and respectful, and he has engaged appropriately with correctional staff.

The applicant has recently completed the Equips Aggression Program.  Information provided in the program report indicates the applicant was able to identify physical signs of anger he experiences prior to becoming aggressive and identified alcohol as an exacerbating factor to unhelpful thoughts that can in turn lead to aggression.

At interview by the Board, the applicant advised he had also enrolled in the Gottawanna program to address his alcohol abuse but had not been able to access the course due to operational issues within the prison.  He advised he was seeking to access alcohol and drug counselling and was intending to pursue this via Holyoake upon his release. The applicant also disclosed a medical condition that he had not been able to have adequately treated whilst in prison which he was hoping to receive treatment for upon release.

The accommodation nominated by the applicant has been deemed suitable.

Consideration has been given to the victim impact statement and the Board notes the ongoing emotional and psychological effects of the applicant’s behaviour for the victim.

It is notable that the applicant elected to proceed with his application for parole despite being close to his earliest release date without supervision.  Although the applicant’s history of compliance on probation and ability to complete community service orders has been poor, the pre-parole report recommends the applicant as suitable for parole due to his current attitude and willingness to engage as well as the existence of protective factors such as strong family support.

Accordingly, due to the ability for the applicant to be supported to access therapeutic intervention programs the Board is of the view community protection is better served by the applicant being released under the supervision afforded by a parole order.

The Board’s determination:

Parole Approved

Special Conditions:

Subject to the normal conditions of a parole order and in addition subject to a non-molestation clause in relation to the victim.

Paroled from 8 October 2019 - 8 April 2020