Parole Board Decision

In the matter of the Corrections Act 1997

and

In the Matter of an application for Parole by Timothy Robin Streets

19 January 2018

Reasons for Decision

Offences and Conviction

The applicant is currently serving a sentence of imprisonment of 5 years imposed upon his conviction for two aggravated armed robberies.

Parole Eligibility Date

2 February 2018

Statutory Criteria

In determining the application, the Board has had regard to the following statutory:-

Section 72 (4) of the Corrections Act 1997 (the Act) provides:

(4) 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.

Documentation:

The Board has had regard to the following documents in considering the application:-

1. The application;
2. Comments on passing sentence;
3. Appeal papers;
4. Papers provided by the Director of Public Prosecutions;
5. Prison summary;
6. Record of prior convictions Tasmania;
7. Prison episode summary report;
8. Apsley Alcohol & Drug Unit Exit Report;
9. Inside Out Program;
10. Pre-parole report;
11. Home assessment.

Consideration:

Comments made with respect to this applicant’s brother’s application for parole remain equally pertinent to this application. This applicant has a criminal history commencing with stealing at the age of 19, together with some driving offences. The factors identified to be contributory to his offending behaviour has been his use of drugs including cannabis, morphine and methamphetamine. Also contributory would appear to be the applicant’s low IQ.

The applicant is currently classified as minimum security and residing in the Independent O’Hara Units at the Risdon site. Case notes indicate that he is polite and friendly and complies with any and all directions given. It is noteworthy that many case notes focus particularly on his exemplary work ethic and commitment to all employment roles he has held within the prison.

Whilst undertaking his custodial sentence the applicant has engaged in coursework including undergoing the Apsley Drug Unit Inpatient Program as well as post-Apsley support, alcohol and drug counselling, together with other courses and further learning opportunities.

Together with his brother the applicant uses section 42 leave to attend the RSPCA each weekday as a volunteer and has been able to comply with all conditions of that leave.

The proposed accommodation has been considered and assessed as supportive and appropriate.

The applicant expresses significant desire to pursue employment and is likely to have opportunities in that regard in a farm environment.

This applicant is clear and resolute in his motivation to change to a prosocial lifestyle and one within which he can be a positive, as opposed to a negative contributor to society. It is appropriate that parole support him in that endeavour.

The Board’s determination:

Parole is approved.

Paroled from 2 February 2018 - 2 August 2020