Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shane Leslie Kelly

9 November 2018

Reasons for Decision

Offences and Conviction

Mr Kelly is currently serving a term of imprisonment of 25 years with a non-parole period of 18 years imposed upon his conviction for murder.

Parole Eligibility Date

13 April 2018

Registered Victim

N/A

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. Pre-parole report;
8. 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.

The Applicant has/ has not had an opportunity to undertake leave pursuant to s42 of the Corrections Act.

Consideration

This applicant had a significant criminal history prior to the extremely serious offence for which he is currently serving a term of imprisonment. He has acknowledged a history of drug and alcohol abuse and reports provided to the Board reflects the applicant’s assessment of himself as a “career criminal” prior to this custodial sentence.

The applicant is currently classified minimum security. During his lengthy sentence the applicant has been employed in various areas of the prison. Recent records of his behaviour provided to the Board indicate positive case notes regarding his behaviour have been recorded in the past 12 months and his work is of a high standard.

During his sentence he applicant has undertaken courses to address his history of substance abuse and the impact of his history of offending of other members of the community. The applicant has completed the Inside Out Program and developed a strong relationship with a mentor, which he has expressed an intention to continue should he be released on parole.

The applicant applied for parole in April 2018, but that application was refused as the Board was not satisfied on all the information provided the applicant was ready for re-integration into the community

The applicant recently completed the Apsley Drug Treatment program and the report provided to the Board notes that the applicant demonstrated improved insight and understanding of the impact of his offending on his victims. During his hearing, the applicant spoke to the Board about the program and the benefits and insight he had gained.

There is potential for this applicant’s rehabilitation. He expressed a change has occurred in his behaviour in prison since undertaking the program, practising coping strategies learnt to avoid influences or associations that might lead to offending behaviour.

The applicant has positive pro-social relationships that he has relied on during his custodial sentence, including his current partner whom he has known for many years and commenced a relationship with 5 and a half years ago.  The applicant confirmed during his hearing that he intends to continue his mentor relationship if he were to be released and seek support with re-integration into the community.

Were the applicant to be released on parole his proposed accommodation will be with his current partner and has been assessed and considered suitable and supportive.

The applicant has been assessed as requiring a high level of intervention from Community Corrections if released but is deemed a suitable candidate as Community Corrections would appropriately supervise and support the applicant to apply with any conditions imposed.

On balancing all matters parole is approved.

Subject to the usual conditions of a parole order.

The Board’s determination

Parole Approved

Paroled from 19 November 2018 - 15 April 2025