Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jesse Leigh Fletcher-Jones

11 December 2020

Reasons for Decision

Offences and Conviction

Jesses Leigh Fletcher–Jones (the applicant) is currently serving a sentence of imprisonment of 5 years and 9 months, with a non-parole period of 2 years 9 months imposed upon conviction of charges of armed robbery, motor vehicle stealing and making off without payment.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 24 September 2020.

The applicant initially appeared before the Board in respect of his application at the hearing on 18 September 2020 when the application was adjourned for the applicant to continue to focus on his behaviour in custody.  The applicant subsequently appeared before the Board at the hearing on 11 Dec 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 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: -

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 is a young offender, who it appears commenced offending soon after the separation of his parents in his late teens, when he was also disengaged with schooling and struggling with behavioural issues, having been formally diagnosed with ADHD.

It is reported his offending is related to his substance abuse which he commenced around the age of 16 due to these family stressors and began criminal activity to support his habit.  The applicant was a heavy cannabis user in addition to methamphetamine (Ice) daily, and in comments on passing sentence, his Honour Acting Judge Marshall noted the apparent purpose of the applicant’s offending behaviour in committing armed robbery of the gaming area of a local hotel was to source funds for drugs.

By his own admission, the applicant has acknowledged he “went off the rails” during the time leading up to his current incarceration, committing various dishonesty offences including motor vehicle stealing, aggravated burglary and stealing, leading to an extensive history of prior offending over a short period of time.  Complicit in the applicant’s level of offending was his addiction to methamphetamine.

The applicant does have prospects for rehabilitation and during his custodial sentence has taken some steps to address his offending behaviour and substance use. The applicant participated in and completed the Apsley Drug Treatment program during the latter half of 2019.  The exit report provided to the Board states that although the applicant initially presented as apprehensive when he entered the Apsley Unit, his confidence increased over the 12-week period and demonstrated insight into the pattern of his offending and associated drug use and the effect of continuing with this behaviour on his family and the community.

The applicant has also been engaged in individual drug and alcohol counselling since his participation in the Apsley Program. Information provided to the Board suggests the applicant has suffered from anxiety and depression that has not been appropriately addressed, and during his custodial sentence has had limited access to required supports required due to the applicant’s request to be housed in protective custody despite achieving medium low classification and the opportunity to be housed in the minimum-security prison.

The applicant has also reportedly engaged with the prison’s Therapeutic Services in relation to his mental health issues and intends to engage in support with a psychologist upon release.

The applicant does have a history of internal offending during his custodial sentence which appears to be drug and compliance related with numerous incidents throughout 2018, 2019 and most recently in June of 2020. It was because of the most recent offending the Board adjourned the hearing of the applicant’s application for parole in September 2020 to provide an opportunity for the applicant to work on his behaviour in prison. It is noted by the Board the applicant has demonstrated a period of compliance in the period since the adjournment.

The accommodation nominated by the applicant has been assessed as suitable and providing stable and pro-social support.

In the pre-parole report, the applicant has been assessed as having significant criminogenic risk and needs related to substance use and his mental health challenges.  Concerns have been raised regarding the applicant’s acknowledged struggle to remain drug free in the prison environment and the effect of this on his suitability for parole, although the applicant reports he has been drug free for a few months. The Board must consider the impact the applicant’s failure to maintain abstinence would have on the risks of re-offending and the consequences for the safety of the community and the applicant’s victims if he were to return to his pattern of significant offending.

On his hearing before the Board, the applicant presented as genuine in his comments that despite it being a struggle, he had managed to maintain appropriate behaviour in the past 6 months due to being really committed. The applicant expressed his belief that due to ongoing interventions he felt he was in a more appropriate headspace to maintain compliance and commitment to a parole order.

Despite concerns raised regarding the risk of re-offending if the applicant were to resume drug use,  the applicant has demonstrated a capacity to  comply and the Board is of the view the applicant should be afforded the opportunity for parole.

Due to the structure and support that is provided by a parole order the Board considers the applicant is better placed to receive access to appropriate support and therapeutic intervention for his mental health and substance abuse in the community to assist him with reintegration into the community.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but additionally:

Engage with a general practitioner to be assessed for a Mental Health Plan and attend psychological counselling as recommended by that plan.

Not contact or approach named registered victims.

Paroled from 22 December 2020 - 24 June 2023