Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jack William Court

25 September 2020

Reasons for Decision

Offences and Conviction

Jack William Court (the applicant) is currently serving a term of imprisonment of 4 years and 6 months with a non-parole period of 2 years and 9 months, imposed upon conviction on charges of aggravated armed robbery and motor vehicle stealing.

Parole Eligibility Date

The applicant became eligible for parole on 17 March 2020.  The applicant’s application for parole before the Board on 6 March 2020 was adjourned to allow the applicant to focus on his behaviour in custody, and was again adjourned on 5 June 2020 to allow time for relaxation of COVID-19 restrictions and continued focus on behaviour in custody.

The applicant appeared before the Board in respect of his application for parole on a third occasion 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 relevant to this application.

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’s offending behaviour involved a series of events, starting with the applicant and his co-offender stealing a vehicle in the south of the state, before travelling to Devonport where both men committed robbery of a hotel bottle shop by demanding cash from the register. The applicant and his co-offender had spent time observing the premises before disguising themselves with hoods and bandanas wrapped around their faces, entering the premises and brandishing knives and threatening to harm the victims, the store manager and a delivery driver who had just arrived to deliver stock to the premises.

In comments on passing sentence his Honour Justice Brett described the crime as a serious example of aggravated armed robbery, as the applicant and his co-offender had targeted the premises as vulnerable to such an attack, were disguised and armed and used the weapons to threaten the safety of the victims. His Honour noted the crime had significant impact on the victims, in particular the delivery driver who had required ongoing psychiatric treatment.

The applicant was 25 years of age when sentenced for these offences and has a prior history of serious crimes of violence and dishonesty, including aggravated armed robbery. The applicant was subject to a drug treatment order at the time of this offending behaviour which was subsequently cancelled.

Contributing factors in the applicant’s current and prior offending has been his use of illicit drugs.  The applicant commenced experimenting with drugs as early as 9 years of age, using cannabis sourced from his peers, graduating to amphetamine use combined with alcohol during his teens and then methamphetamine or “ice”.  It is reported that the sole reason for the robbery of the bottle shop was to gain funds to source illicit drugs.

The applicant has previously been subject to community-based orders, including a drug treatment order but non-compliance and further offending led to the cancellation of these orders.

During his custodial sentence, the applicant’s behaviour has been variable, with several drug-related internal offences committed which led to a regression in his security rating from minimum to maximum in early 2020. At the initial appearance before the Board on his application, the hearing was adjourned on the basis the applicant needed to focus on improving his behaviour in custody, and was further adjourned in June 2020 due to COVID-19 restrictions affecting the ability of Community Corrections to appropriately supervise the applicant if granted parole.

Since his last appearance before the Board, the applicant has gained a medium security classification and is currently housed in the medium security unit.  Notably, the applicant has recorded no further internal offending since his last appearance before the Board and has obtained employment as a wardsman. Recent case notes provided are of a positive nature, indicating the applicant is polite, compliant, and carrying out his duties well.

The applicant has engaged in therapeutic interventions regarding his abuse of illicit drugs, having completed the Smart Recovery and Gottawanna programs during 2019. He is currently participating in individual alcohol and drug counselling and is on a waiting list for the Equips Addiction program.

It is reported that the applicant has demonstrated improved behaviour and attitude since his initial appearance before the Board. Information provided to the Board reports the applicant has expressed remorse for his offences and feels empathy for his victims, specifically the delivery driver.

The applicant has continued to seek therapeutic support since his last appearance before the Board and has sought to engage with the Salvation Army Matrix intensive small group program on release to address his substance abuse.  Additionally, the applicant been accepted onto the “S8” pharmacotherapy program to commence prior to his release and continue in the community. During his interview by the Board the applicant advised he felt this was an important opportunity to help him address his substance use, recognising he had been in and out of prison in the past few years due to his ongoing addiction to illicit drugs, in particular ‘Ice”.

The accommodation proposed by the applicant has been assessed as suitable if he is granted parole and he reportedly has good family support, with family members willing and committed to assisting the applicant address his ongoing addiction.  The applicant has also been assessed as suitable for additional re-integration support in the community from the Beyond the Wire program.

While the applicant has been assessed as high risk and needs due to his previous non-compliance and ongoing struggle with substance abuse, Community Corrections indicate the applicant is suitable to be considered for parole as the identified risks are able to be managed with supervision and participation in suitable therapeutic supports and programs in the community.

On balancing all factors, the Board considers the applicant suitable to 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

Not contact directly or indirectly his named co-offender for any reason whatsoever.

Paroled from 26 October 2020 - 17 December 2021