Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Emma Lousie Bishop

17 July 2020

Reasons for Decision

The Background:

Emma Louise Bishop (“the applicant”) is currently serving a sentence of imprisonment of 4 years with a non-parole period of 2 years imposed upon her conviction for aggravated burglary, aggravated armed robbery and unlawfully setting fire to property.

The applicant became eligible for consideration for parole on 1 August 2020.

The matter was heard before the Board at its meeting on 17 July 2020. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself available for questioning by the Board.

The pre-parole report prepared on behalf the Board had been read to the applicant prior to her 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.

Consideration

The applicant in company with her then partner and her partner’s uncle attended premises in a remote rural setting. The premises were occupied by a father and his daughter. The applicant invaded the premises assaulted the resident and sought access to drugs they believed were present on the premises. The ordeal for the victims being the residents and his daughter was prolonged and horrific.

At the time of sentencing it was noted by the Court that the applicant had played generally a lesser role but that role did include invading the premises, guarding the daughter, searching the property and destroying mobile phones. The Court did note, however, that there is some hope for her rehabilitation. That comment was made noting at the time of sentencing she was 23 years of age and at the time of the crime she was 20 years of age. She had a criminal history for offences of dishonesty, assault and some driving offences.

The applicant has been the beneficiary of five probation orders in the past in respect of which she has shown poor compliance, including reoffending during the period of the orders.

The applicant’s reliance upon drugs has been identified as contributory to her offending behaviour. It is also noted that the psychiatric report from Dr Tuck obtained for sentencing indicated that the applicant displayed significant symptoms relating to traumatic stress.

The applicant associates are antisocial with which she has engaged in drug use and offending behaviours. Her history of substance abuse commenced from an early age having drunk to the stage of intoxication by the age of nine. Cannabis use commenced at approximately the age of 14 years and she has graduated to harder drugs including methamphetamine, MDMA and LSD.

The applicant, however, has demonstrated the capacity to remain drug abstinent having ceased drug use during the pregnancy of her second daughter, but, recommenced use shortly after the daughter’s birth.

The applicant has asserted that she has remained drug free since coming to prison in August 2018.

The applicant has achieved minimum classification. However, her case notes are somewhat mixed some reporting polite and quiet behaviour others noting her record of internal offending behaviour. That offending behaviour has consisted of numerous infractions of the rules including being in the wrong unit, committing an act contrary to good order and discipline. Ultimately she was relocated from the Vanessa Goodwin Units to the medium security unit in April 2020 by reason of the offending behaviour.

The applicant has been engaged as a cleaner whilst serving her custodial sentence. However she has received some negative case notes with respect to the standard of her work ethic.

The applicant has undergone alcohol and drug counselling during the custodial term which is continuing. She has obtained a certificate II in cleaning and undergone training as a salon assistant as well as obtaining her white card, certificate II in business and engaging in the Learner Licence Assistance Program and Books on CD.

The applicant was in the process of planning her section 42 leave to enable her to reintegrate under supervision with her children, however, that leave has not been able to occur due to the impact of Covid 19.

Accommodation identified for the applicant upon her release has been assessed as suitable.

The risk factors for the applicant’s release is a re-engagement with her antisocial pro-criminal peers. It appears that she has minimal positive prosocial pursuits and influences and accordingly a return to her criminal cohort is a relatively high risk. Nevertheless she does identify with a close friend and former inmate who has managed to reform her lifestyle. The applicant believes that this person would provide a good personal support for her upon her release.

The applicant also has the benefit of the assistance of Beyond the Wire for the purposes of assisting her to secure accommodation and other community based requirements. The applicant is also focused upon reintegrating with her children under Departmental supervision.

A report from the alcohol and drugs counsellor has been considered by the Board and it is particularly noteworthy that during the applicant’s treatment with drug and alcohol counselling she has worked on strategies to manage high risk situations, stress, distress tolerance, skills in building positive mood, managing urges and cravings, problem-solving and goal setting. This will assist her upon her reintegration back into the community.

The applicant has been assessed by Community Corrections for the purposes of a pre-parole report. The outcome of that assessment is that the applicant was identified as suitable for release on a parole order. It has been noted particularly that she has demonstrated commitment to her treatment plan for her drug and alcohol use since her incarceration and been a consistent participant in that program.

This applicant is approved for a parole order.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order together with obtaining a mental health care plan.

Paroled from 3 August 2020 - 1 August 2022