Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Galvin Gordon Riley

11 October 2019

Reasons for Decision

The Background:

Galvin Gordon Riley (“the applicant”) is currently serving a sentence of imprisonment of 7 years, 4 months and 23 days imposed upon his conviction for murder and two parole revocations.

The applicant became eligible to be considered for parole on 22 March 2019.

The matter was heard before the Board at its meeting on 11 October 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 is no stranger to parole in respect of his conviction. The conviction was imposed in 2006 for murder. He was first afforded the privilege of a parole order on 27 March 2014. He was able to remain in the community under that order until December 2014 when the order was revoked principally for ongoing drug use.

Parole was again granted to the applicant in July 2015 and this order was again revoked just under a year later in July 2016 due to breach of parole conditions.

Parole was once again granted on 20 July 2017 and consistent with the pattern emerging the parole period was revoked in April 2019 as a result of drug use and non-compliance with conditions of the parole order. This application flows on from the April 2019 revocation.

The difficulties that this applicant has in completing a parole order resides in his ongoing use of cannabis. He has not otherwise engaged in offending during the parole period. The applicant’s ongoing inability to cease his cannabis use is of concern to the Board due to the applicant’s intake of drugs being contributory to his murder conviction.

The applicant’s service of his sentence remains exemplary. He is a minimum classified inmate who is described as polite and courteous engaging well with his employment at the prison.

Upon his return to the prison environment following the last revocation of his parole order the applicant engaged in alcohol and drug counselling in order to address his ongoing use of cannabis. He asserted at the hearing before the Board that this counselling has assisted him greatly and he has a reasonable belief of his capacity to comply with a parole order, including abstinence from the use of drugs.

Accommodation identified for the applicant upon his release has been assessed as suitable. The applicant has concrete plans to seek employment upon his release.

During past periods of parole the applicant has been able to engage well with all aspects of return to the community other than the use of cannabis.

A referral has been established for the applicant to an alcohol and drugs service local to his area of release which will enhance his capacity to remain drug abstinent.

The recommendation of Community Corrections is that this applicant would benefit from access to the Apsley Program whilst remaining in the custodial environment has been considered carefully by the Board. On this occasion and in light of the applicant’s presentation before the Board, his understanding as to his risk issues concerning relapse into drug use, the impact upon revocation of his parole, the length of time that he has been required to serve on his sentence and his progressed determination not to resume drug use the Board approves this applicant for a further attempt a parole within the community.

The Board’s determination:

Parole is approved.

Special conditions applied:

Subject to the usual conditions of a parole order together with following the parole officer’s directions regarding referral, assessment and attendance at a drug and alcohol treatment program.

Paroled from 21 October 2019 - 15 July 2026