Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by David John Wright

14 June 2019

Reasons for Decision

Offences and Conviction

David John Wright (“the applicant”) is currently serving a sentence of imprisonment of 18 years with a non-parole period of 9 years imposed upon his conviction for the charge of murder.

Parole Eligibility Date

The applicant became eligible for parole on 30 November 2018

The applicant appeared before the Board in respect of his application at the hearing on 14 June 2019.

On that occasion the applicant was present at the hearing, 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 are registered victims.

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: -

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. Contents of previous files regarding previous parole applications;
8. Apsley Exit Report;
9. Pre-parole report;
10. 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 is serving a sentence of imprisonment as a result of causing the death of his victim through stabbing.

The applicant has prior experience on parole orders having first being granted parole in December 2013.  The applicant’s parole was revoked in 2016 as a result of breach of conditions through drug use.  The applicant was then provided further opportunity for parole in May 2017, which was revoked in January 2018 for drug use, and again afforded parole in September 2018 which was revoked for breach of conditions relating to drug use in December 2018.

The Board notes that the applicant has a history of significant alcohol and drug issues and certainly the use of alcohol and drugs was contributory to his offending and his use of drugs has been contributory to his previous failures on parole. His use of alcohol and drugs has been a feature of his life since his young teenage years and in particular an addiction to methylamphetamine.

During his custodial sentence and time spent in the community on parole orders the applicant has engaged in several therapeutic intervention programs to assist him in dealing with his substance abuse. He completed the prison Gottawanna program in 2018 and whilst on his most recent parole order was engaged with alcohol and drug counselling through the Salvation Army Bridge program.

Information provided indicates the applicant has been housed in the Apsley Drug Treatment Unit since March 2019 after self-referring to the Unit and has recently completed the program.  The exit report provided to the Board states the applicant identified “he still wanted to become a good role model and Mr Wright’s goal when he came into the unit was to learn new skills to assist him to deal with life without using drugs and to regain his parole”.

The report provided notes the applicant engaged well in the program despite sometimes finding the group nature of the program difficult. It appears from the report the applicant has gained insight into what he needs to do to remain drug free and is able to identify the negative effects his relapses into drug use have had on his family who remain very supportive.

During his interview the applicant stated he had re-connected with his alcohol and drug counsellor at the Bridge Program and intended to re-engage in counselling.  He stated the Apsley program had provided him with different coping strategies and he had gained better understanding of the triggers that may increase his risk of relapse in the community.

Updated information provided to the Board indicates since his return to custody after the revocation of his parole the applicant has been of good behaviour and has not committed any internal offences. He has attained minimum classification and is currently housed in the Apsley Unit.

The accommodation nominated by the applicant has been assessed as suitable and supportive

It is notable that information before the Board confirms that despite the applicant’s repeated breaches of parole orders through relapse to methylamphetamine use, his compliance with orders has otherwise been satisfactory and he has not been charged with any further criminal offences during his three previous periods of parole.

The applicant has been assessed as requiring a very high level of intervention due to his relapses into illicit drug use in past periods of parole and the pre-parole report notes drug use remains the greatest risk to his compliance with any future parole orders.  However, also highlighted is the fact that the applicant has not been charged with further offences during the nearly four years of community living while serving parole orders.

On assessing all matters, it is the Board’s view that this applicant would benefit from the support and therapeutic treatment he is able to access in the community. His release on a parole order is supported by Community Corrections and risks identified would be assisted by the supervision afforded under such an order.

On balancing all matters it is the determination of the Board to approve the application for parole.

The Board’s determination

Parole Approved

Special Conditions

Subject to the usual conditions of a parole order, and not to approach directly or indirectly registered victims.

Paroled from 25 June 2019 - 30 June 2026