Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mitchell John Campbell

28 August 2020

Reasons for Decision

The Background:

Mitchell John Campbell (“the applicant”) is currently serving a sentence of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 3 months imposed upon his conviction for matters of trafficking in controlled substances.

The applicant became eligible for consideration for a parole order on 12 September 2020.

The applicant appeared before the Parole Board at its hearing on 28 August 2020. 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 was 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 High Court, in Power v The Queen (1974) 131 CLR 623 rejected the proposition that the primary purpose of parole is the rehabilitation of the offender, deciding that it is "to provide for mitigation of the punishment of the prisoner in favour of his rehabilitation through conditional freedom, when appropriate, once the prisoner has served the minimum time that a judge determines justice requires that he must serve having regard to all the circumstances of his offence".

The system of parole does recognise, however, the capacity of people to 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 in reducing recidivism.

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, the ability to remove or mitigate that risk by the imposition of appropriate conditions and understanding the victim’s “voice” and the desire to continue to punish for the criminal wrongdoing.

Consideration

The Applicant seeks a parole order in respect of the custodial sentence imposed following his conviction for trafficking.  The trafficking involved distributing cocaine and mdma in January 2017 and March and June 2018.  The trafficking activity appeared to have been of a relatively large scale.

At the time of sentencing the Applicant’s offending was described by the Court as demonstrating a “…disregard for the law and lawful authority, and a strong commitment to the unlawful activity of drug trafficking.”.  That commitment was evident from the engagement in the offending by the Applicant after his detection in respect of the January matter, in breach of bail conditions imposed in that matter and despite a suspended sentence imposed in a 2011 matter of trafficking.  This history is obviously pertinent and contrary to the likelihood and capacity of the Applicant to comply with the conditions of a parole order.

Apparently contributory to the offending behaviour is the Applicant’s cocaine addiction to the extent that there became a need to fund that addiction and the Applicant resorted to trafficking to achieve this.  In reflecting on this the Applicant points to unresolved issues arising from his past that has ill-equipped him to deal with the stressors and strains of contemporary life. Now having come to that realisation the Applicant has sought therapeutic assistance in coming to terms with these historical matters and to ameliorate the impact they have upon his current behaviour.

The Applicant has served his sentence of imprisonment in, on the whole, a compliant manner.  He is classified minimum security with positive behavioural case notes and has worked as a senior hand in woodwork to a high standard.  The Applicant has also been able to engage in the therapeutic program Gottawanna as well as undergoing drug and alcohol counselling and courses in hospitality. Correspondence from the drug and alcohol counsellor to the Board refer to the Applicant approaching counselling in a frank and open manner, showing insight into triggers for relapse and an understanding of a suite of strategies that could be employed by him to resist future relapse.

Whilst at the time of sentencing the Court had available to it a forensic mental health report of Dr Rouse dated 3.2.20 in which the doctor concluded that the Applicant’s attitude towards rehabilitation was not well considered, since that report the Applicant has demonstrated through the compliant manner in which he has served his sentence, his engagement with Gottawanna and alcohol and drug counselling, active and solid steps toward rehabilitation.

It is noted that, as reflected by Community Corrections in the pre parole report, the Applicant has a strong pro social support base available to him in the community, suitable accommodation and possible employment opportunity.  A parole order will assist in supporting him to remain drug abstinent and compliant with the law.

The Board’s determination

Parole is approved.

Special conditions applied

Obtain and comply with a mental health care plan.

Paroled from 14 September 2020 - 12 December 2022