Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shane Murray Brown

25 September 2020

Reasons for Decision

Offences and Conviction

The applicant is currently serving a sentence of imprisonment of 3 years with a non-parole period of 2 years and 6 months imposed upon his conviction on charges of evade police and various driving offences including drive whilst disqualified, drive a vehicle under the influence of a drug and reckless driving.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 4 July 2020.

The applicant appeared before the Board in respect of his application at the hearing on 25 September 2020.

On that occasion the applicant 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 of the Board had been read to the applicant prior to his appearance at the hearing.

Registered Victim

There are no registered victims

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: -

The documents considered:

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.

Consideration

The applicant has an extensive criminal history both as a youth and an adult, with significant offences of dishonesty, including motor vehicle stealing, and substantial driving related offences including driving whilst disqualified.  The applicant on his own admission has spent a substantial portion of his life in prison due to his offending.

A significant contributing factor in the applicant’s past offending and the offences for which he is serving his current custodial sentence is his abuse of illicit drugs, which reportedly commenced at the age of 11. It appears much of his criminal history relates to sourcing illicit drugs or behaviour occurring while under the influence of drugs.

The applicant identifies as being of Aboriginal descent but reports his upbringing was unstable, having been removed from his mother’s care at an early age and placed with his maternal aunt.  He left the care of his aunt when 13, seeking to return to live with his mother but this was unsuccessful due to substance abuse and domestic violence in the home. The applicant became a Ward of the State in his late teens and was placed in various groups homes between periods of detention at Ashley Youth Detention Centre.

The applicant has been subject to two previous probation orders and a Parole order in 2014, which was revoked after four months due to drug related re-offending and non-compliance.

However, it appears the applicant does have prospects for rehabilitation. During the applicant’s current custodial sentence, he has reportedly changed in attitude and behaviour and is seeking to move forward and abstain from illicit substance use. The applicant self-referred to the Aspley Program in late 2018 and was reportedly motivated and willing, engaging in all activities to a good standard.  An exit report from the program indicated there appeared to be a considerable change in attitude and insight into his own offending behaviour and drug use and the applicant was described as a reflective, thoughtful participant with natural leadership abilities that other participants gravitated to.

In his application for parole, and on interview before the Board, the applicant expressed a desire to have a different future and be afforded the opportunity “to work towards a life without crime, drugs and prison”. The applicant appeared to have insight in the challenges he would face on release but reported he had continued to try and change old patterns and behaviours after graduating from Apsley where he had been able to remain drug free for the first time in 10 years.

It is notable that despite the applicant’s earliest release date being in February 2021 the applicant is seeking to pursue a parole order. When questioned by the Board on interview the applicant indicated he felt he needed the support provided by a parole order to help establish appropriate structures, routines and support networks to assist him to re-integrate as he felt he did not really “know how to live outside of prison”. The applicant acknowledged the need to engage with appropriate counselling on release to assist him to implement the strategies and behavioural changes to reduce his risk of reoffending.

During his custodial sentence, in addition to continuing to engage with therapeutic interventions including drug and alcohol counselling, the applicant has received support from the Indigenous Offender Re-integration Team and was able to access s42 cultural leave to reconnect with the Aboriginal community. It is reported the applicant’s conduct during s42 leave was exemplary and assisted him to gain a better understanding of his culture.

The applicant has suitable accommodation and has been assessed as suitable for receiving additional support through the Beyond the Wire program on release.

While the applicant has limited immediate family support or relationships as his mother and auntie are deceased, he has a female cousin with whom he has had a close relationship since his childhood and who had maintained contact with the applicant throughout his frequent periods of incarceration.  The applicant has also been receiving life-coaching and allied support from an external provider during his incarceration and the applicant indicated this support will continue via telephone post-release.

Although the applicant has been assessed by Community Corrections as having a very high risk/needs profile given his history of non-compliance, the pre-parole report indicated the applicant has a number of supports in place for him in custody, which will continue post-release and has a clear plan for his reintegration.

On balancing all factors, the Board believes that, in addition to the applicant’s expressed desire to submit to the strict conditions of a parole order, and apparent motivation to work towards a drug free life, the protective factors outlined would enable Community Corrections to appropriately supervise and manage the applicant’s identified risks for re-offending. Accordingly, the Board is of the view the applicant should be afforded the opportunity for parole.

The Board’s determination

Parole Approved

Special Conditions

Subject to the normal conditions of a Parole Order but additionally to attend a general practitioner to be assessed for a mental health plan and attend psychological counselling as recommended by that plan.

Paroled from 5 October 2020 - 4 July 2021