Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Nathan Scott Davidson

22 May 2020

Reasons for Decision

The Background:

Nathan Scott Davidson (“the applicant”) is currently serving a sentence of imprisonment of 4 ½ years with a non-parole period of 2 years imposed upon his conviction for trafficking in a controlled substance and dealing with property suspected of being the proceeds of crime.

The applicant became eligible for consideration for parole on 5 June 2020.

The matter was heard before the Board at its meeting on 22 May 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.

The pre-parole report prepared on behalf the Board had been 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 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

At the time of this applicant’s sentencing his conduct was described as showing “an utter disregard for obedience to the law”.

This is also perhaps reflected by his criminal record which is lengthy and relates to drug matters over the last decade. He has in the past been the recipient of a suspended sentence which he has breached by reoffending resulting in activation of this sentence and the imposition of a term of imprisonment. Furthermore, he has been a recipient in the past of four separate community service orders and two probation orders. In respect of the probation orders his performance was described as “poor”.

The applicant’s own drug dependency has been identified as complicit in his offending behaviour.

The applicant, however, has engaged in therapeutic programs whilst serving his custodial sentence. Significantly, he has undertaken the Apsley Program and engaged in alcohol and drug counselling to address his illicit drug use. His request to also undertake the Equips Foundation Course has not yet resulted in the offer of that program due to internal constraints within the prison.

The applicant has breached custodial rules. The infraction is somewhat aged occurring on 4 January 2019 and involved the possession of an unauthorised item of medication. The applicant has achieved a minimum classification and is described in a positive way in terms of his behaviour and attitude whilst serving his custodial sentence. He is employed as a general hand in the chill room without apparent issue.

Unfortunately the applicant has been unable to avail himself of section 42 leave due to the suspension of that program.

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

In their exit report statement the Apsley Program facilitators have identified the applicant as demonstrating a mature and future focused attitude and a motivation to use his custodial term to his benefit. A report from a drug and alcohol therapist has also commented upon the applicant’s openness and frankness regarding his issues and lifestyle. It is noted that he has “made a concerted effort to identify any possible barriers he may face in the future showing insight into triggers for his drug use and criminal conduct and is able to identify specific strategies he could use in order to remain drug-free and lead a prosocial lifestyle”.

Community Corrections’ pre-parole assessment has identified the applicant as unsuitable for parole on the basis of the absence of support services operating within the community due to the effects of Covid-19. It is further noted in that report that once those services have been resumed this will allow the adequate supervision of the applicant and his suitability for parole would then be endorsed.

The Board have concluded that this applicant would benefit from a parole order. He poses a low risk to the community and of reoffending. He appears to have a genuine and motivated desire to address his drug addiction and offending behaviour. It is noted that he is able to obtain counselling through Zoom with respect to his drug and alcohol use which would be of benefit to him.

In light of the impending relaxation of restrictions, the Board approves the application for parole noting that the parole order not commence until 15 June 2020 at which time restrictions affecting supervision are likely to have been relaxed.

The Board’s determination

Parole is approved.

Special conditions applied

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

Paroled from 15 June 2020 - 5 June 2022