Parole Board Decision

In the matter of the Corrections Act 1997

and

In the Matter of an application for Parole by Michael Lyndon Dennison

Reasons for Decision

The Background:

The applicant is currently serving a sentences of imprisonment for a number of matters including most particularly wounding, aggravated armed robbery, unlawfully setting fire to property, assaults and threatening and resisting a public officer. The applicant has also had a further 4 years and 22 days added to his sentence following a revocation of a previous parole order.

The applicant became eligible for consideration for a parole order on 14 August 2017.

The applicant’s application was adjourned from the Parole Board’s meeting on 18 December 2017 due to the absence of suitable accommodation.

The applicant’s application came before the Parole Board at its hearing on 9 February 2018. 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 was 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.

The documents considered:

1. Previous files relating to prior applications;
2. The application;
3. Victims Assistance Unit correspondence;
4. Correspondence regarding accommodation;
5. Prison summary;
6. Record of prior convictions;
7. Prison episode summary report;
8. Pre-parole report;
9. Relapse prevention plan;
10. Letter from the applicant;
11. Home assessment.

Consideration:

The applicant has a lengthy and significant criminal history for crimes principally of dishonesty, for example, burglary and stealing. The applicant also has a lengthy history with parole orders. As at 2 December 2009 the applicant was released into the community on a parole order, which was to extend to 25 December 2013. Ultimately that order was revoked on 26 February 2010 due to non-compliance.

A further parole order was granted from 25 May 2017 which would have extended to 18 September 2024. That parole order was suspended on a couple of occasions before ultimately being revoked on 22 September 2017.

Contributory to the applicant’s offending behaviour is his use of drugs and his antisocial acquaintances.

Whilst serving his custodial sentence however he has engaged in courses to assist his rehabilitation including alcohol and drug counselling and involvement with the ARP Abstinent Rehabilitation Unit. A place at the Apsley Program had been requested but had not materialised.

Accommodation identified now for the applicant has been assessed as suitable.

The applicant professes to be significantly motivated to complete a parole period citing his child and fiancé as particularly motivating for him.

Whilst this applicant has had previous occasions unsuccessfully to complete a parole order his efforts to become drug abstinent and to lead a prosocial life would benefit from support under a parole order. Accordingly parole is approved.

The Board’s determination:

Parole is approved.

Paroled from 19 February 2018 - 2 October 2024