Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Rose-Lee Clarke

18 September 2020

Reasons for Decision

The Background:

Rose-Lee Clarke (“the applicant”) is currently serving a sentence of imprisonment of three years with a non-parole period of 18 months imposed upon her conviction for matters of two counts of burglary, aggravated armed robbery and stealing.

The applicant became eligible for consideration for a parole order on 28 September 2020.

The applicant appeared before the Parole Board at its hearing on 18 September 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.

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

This applicant, together with two other women, broke into, entered, and assaulted the elderly occupant of a residence in Fingal.  The women had travelled to Fingal and had entered the premises at midnight when the occupant was asleep in his bed.  The victim’s assault included being struck to his legs with a baseball bat by the applicant.

The applicant’s prior criminal history is confined to some youth justice matters.  The applicant’s offending has been contributed to by her drug dependency.  She claims to currently being drug fee.

The applicant is classified minimum security and is employed at the prison as a cleaner which she apparently performs to a high standard.  She has, however, engaged in some internal offending behaviour most recently in September of this year when she was reprimanded for instigating or encouraging another to commit a nuisance, and earlier, in May 2020, she was found to have engaged in trafficking with another inmate and was punished with the loss of canteen for seven days.

Alcohol and drug counselling continues to be accessed by the applicant and she has engaged in further vocational courses during her custodial term including obtaining a responsible service of alcohol certificate and her learners driver permit.  A specific focus of counselling has been the development of a relapse prevention plan with the applicant expressing strong motivation to remain drug abstinent.  She has rightly identified that this is key for her pursuit of a pro social lifestyle.  The applicant has been supported in this by the development of new skills via cognitive behavioural and dialectical behavioural therapy.

The accommodation proposed for the applicant has been assessed as suitable.

Community Corrections has assessed the applicant as suitable for a parole order noting that a parole period would enable them to target the areas of drug use and pro criminal attitude.

This applicant has engaged in significant work whilst serving her custodial sentence through drug and alcohol counselling to address her drug dependency and develop tools to avoid relapse.  This work also attests to her motivation to turn her life around and led a pro social lifestyle.  These endeavours would be supported by a parole order.

The Board’s determination

Parole is approved.

Special conditions applied

Not to enter Fingal;

Not to contact directly or indirectly the victim.

Paroled from 29 September 2020 - 28 March 2022