Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Wayne Thomas Johnson

24 May 2019

Reasons for Decision

The Background

Wayne Thomas Johnson (“the applicant”) is currently serving a sentence of imprisonment of 10 years and 11 months and 24 days with a non-parole period of 1 year imposed upon his conviction for a number of matters including drug trafficking and the revocation of previous parole orders relating to a sentence imposed in respect of three convictions of murder.

The applicant became eligible for consideration for parole on 6 June 2019.

The applicant’s application came before the Board on 24 May 2019. On that occasion the applicant was present at the hearing and 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 the Board had been read to the applicant prior to his appearance at the hearing.

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.”

The purpose of 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.

Consideration:

This applicant was initially sentenced to imprisonment for the term of his natural life as a 15-year-old following his conviction for three murders. Under that sentence he was granted parole on 22^nd August 2012. That parole period was automatically revoked in June 2018 following the applicant’s conviction on drug-related matters.

The applicant was resentenced by the Honourable Justice Blow, as he then was, in respect of the murder conviction. Relevant to this application comments made by the court at that application included noting the psychiatric opinion of Dr Sale following a 1992 assessment that identified that the risk of reoffending was low and a subsequent opinion of Dr Lopez who also was of the view that the risk of reoffending was minimal.

Upon his return to the custodial environment upon the parole revocation the applicant has achieved a minimum classification. He has been engaged in employment working as a leading hand in the kitchen and chill room with positive case notes. He has undertaken the Gottawanna course and the Inside Out course is in progress. The applicant has also accessed section 42 leave to undertake the Inside Out program and to spend time in the general community and this leave has been taken without incident.

Accommodation proposed for the applicant upon his release has been assessed as suitable and indeed employment obtained by the applicant during his past period of parole remains available to him. That employer has described the applicant as being a valued employee and his position has been kept open for him accordingly.

It is noted that this applicant identifies that his drug offending behaviour arose as a result of his engagement with pro-criminal associates who he had developed relationships with whilst serving his custodial term and the absence of practical life skills and guidance. The access to quick and easy money appears to have been compelling for him.

The applicant demonstrates reasonable insight into his offending behaviour and with that insight a level of maturity that will see him benefit from a return to the community and accessing of appropriate supports including psychological assistance under a mental health care plan.

The Gottawanna exit report noted the applicant has good employment prospects and supportive and stable housing upon his release and requires structure and routine to successfully navigate a parole period.

Community Corrections assessment of the applicant is that he has achieved an understanding and insight into his behaviour and risk factors and the applicant’s ongoing rehabilitation and reform would be better suited to be undertaken whilst in the community. On this basis Community Corrections support the application for parole.

The applicant is considered to be suitable for a parole order.

The Board’s determination:

Parole is approved.

Special conditions applied:

Subject to the usual conditions of a parole order, including undertaking a mental health care plan.

Paroled from 6 June 2019 - 29 May 2029