Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Joseph Shane RUSSON

22 November 2019

Reasons for Decision

The Background:

Joseph Shane Russon (“the applicant”) is currently serving a sentence of imprisonment of 2 years with a non-parole period of 1 year imposed upon his conviction for assault.

The applicant became eligible to be considered for parole on 7 December 2019 .

The matter was heard before the Board at its meeting on 22 November 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 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 had just turned 22 years at the time of his offending behaviour. Despite his youth he has a significant criminal history. That history was not one that was particularly demonstrable of a propensity for violence.

Because of this history the applicant has previously been the recipient of probation and community service orders with difficulties in compliance. Specifically the offence for which he is serving his current custodial terms occurred in breach of a probation order.

The applicant, in concert with another, came upon and, without provocation, engaged in a sustained and violent attack upon a vulnerable homeless man. That attack included numerous kicks and punches to the victim’s head.

Matters that have been identified as contributory to the applicant’s behaviour has been intoxication, the use of drugs and anxiety.

The applicant, however, has engaged well during his custodial term achieving a minimum classification and has been described as polite and compliant in his case notes. He has engaged in employment as a general hand in the chill room as well as engaging in therapeutic courses of Equips Aggression and Alcohol and Drug Counselling. The applicant has undertaken literacy and numeracy education in addition to other vocational coursework.

Accommodation identified for the applicant upon his release has been assessed as suitable.

Risk factors for the applicant is his return to the use of alcohol and drugs as well as re- engagement with his antisocial cohort.

The applicant appears to recognise these risk factors and recognises that his effort upon return to the community must be directed toward the development of prosocial associates and lifestyle.

It is noted that the Equips Aggression Exit Report identifies the applicant as having demonstrated good insight into the triggers for his aggressive behaviour and to have developed strategies to avoid those triggers from getting the best of him.

Community Corrections by way of a pre-parole report has assessed the applicant as suitable for a parole order noting that the applicant could benefit from ongoing counselling upon his return to the community.

This is the applicant’s first custodial sentence and the experience has appeared to be somewhat salutory for him. Certainly he professes a motivation not to repeat the experience.

The application for parole is approved.

The Board’s determination

Parole is approved.