Parole Board Decision

In the Matter of Corrections Act 1997

and

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

13 July 2018

Reasons for Decision

The Background

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

The applicant became eligible for consideration for parole on 20 December 2017.

The applicant’s application was heard before the Parole Board at its hearing on 7 September 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 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 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. The application;
2. Prison summary;
3. Record of prior convictions Tasmania, Victoria and Western Australia;
4. Prison episode summary report;
5. Gottwanna exit report;
6. Pre-parole report;
7. Email correspondence with the prison;
8. Contents of previous files regarding previous applications for parole;
9. Home assessments.

Consideration:

This applicant has had prior experience on parole orders parole initially being granted in December 2013 but ultimately revoked as a result of breach of conditions through drug use in 2016.

The applicant was given another opportunity on parole in March 2017. However, this was again revoked due to drug use.

Application for parole order made in May 2018 was refused.

This applicant is serving a custodial sentence as a result of causing the death of his victim through stabbing.

The applicant had a criminal history of a number of driving and public misdemeanour offences and assaults.

The applicant has a history of significant alcohol and drug issues and certainly the use of alcohol was contributory to his offending on this occasion 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.

Whilst serving his custodial sentence the applicant committed an assault in March 2018 on another inmate otherwise he has demonstrated compliant behaviour and accordingly is classified as minimum security. He has been described as having an excellent work ethic in his case notes. It appears that he has completed urinalysis drug screens in January and July 2018 with each having been returned negative to any illicit substances.

The applicant has engaged in alcohol and drug counselling since July 2018, as well as undertaking be Gottawanna Course.

The applicant has accessed section 42 leave from the prison environment to attend the Inside Out Program as well as spending time in the community. That leaves has been without any incident.

Accommodation proposed for the applicant upon his release has been identified as supportive and suitable.

The Gottawanna Exit Report has been considered by the Board. It is noted in that report that the applicant undertook the program twice, the second time following his breach of parole conditions.

Community Corrections in their pre-parole report identify the applicant’s previous failures on parole as due to the use of methamphetamine, in part caused by the failure of the applicant to engage in external supports other than at a superficial level. It is noted that he has an untreated mental health issues which may be contributory to his use of drugs.

It is noted, however, that at the time this application the applicant has engaged in treatment for his mental health condition and this appears to be making him more resilient to possible stressors and consequent relapse.

Noting the efforts now being made by the applicant, his insight into his risk factors to his offending behaviour and his motivation to engage in appropriate treatment upon release, including consideration of the Bridge Program the Board on this occasion have considered this applicant to be suitable for a parole order.

Paroled from 17 September 2018 - 17 April 2026