Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Ashton Mitchell Gill

31 July 2020

Reasons for Decision

The Background:

Ashton Mitchell Gill (“the applicant”) is currently serving a sentence of imprisonment of 2 years with a non-parole period of 12 months imposed upon his conviction for causing grievous bodily harm.

The applicant became eligible for consideration for parole on 14 April 2020.

The applicant was heard before the Board at its meeting on 31 July 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 of 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 purpose of 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

This applicant’s offending behaviour occurred in concert with another offender. Both were serving custodial sentences. The applicant had an apparent grudge against a third inmate who had been placed in the same section of the prison. Opportunistically the applicant approached that inmate and punched him to the face on a number of occasions before the second inmate joined in on the assault. Eventually the victim fell to the ground where the applicant continued to kick and stomp on the victim’s upper body.

The applicant is a frequent inmate at Risdon Prison. Since 2011 he has served a custodial sentence every year to date. Unsurprisingly, therefore, he has a very lengthy criminal history. That history has included matters of assault, dishonesty and home invasion.

The applicant’s behaviour on previous probation and community service orders has been one of non-compliance.

The applicant appears by his record to have lived a criminally orientated lifestyle. He has a significant drug habit using principally methamphetamine, which he commenced to use at the tender age of 14 years.

Whilst serving the current custodial term he has achieved a medium classification. His internal offending behaviour ceased as at 20 November 2019. At that time he was found in possession of an unauthorised item being contraband associated with tattooing.

The applicant’s case notes appear to have been positive in the main. He has obtained and held a position as a general hand in grounds maintenance and the majority of his work notes have been positive.

The applicant has attempted to obtain access to the Equips Addiction and Aggression Programs but remains on the waiting list for both, those programs not being available to him to date.

Accommodation identified for the applicant upon his release has been assessed as suitable. Indeed, one of the proposed residents has identified employment opportunities for the applicant upon his release which the applicant is prepared to take up.

Concerns with respect to the potential of the applicant to reoffend arises from his lengthy criminal history, his limited prosocial contacts other than his proposed co-resident. Nevertheless, at the time of the hearing of the application the applicant gave a good account of his intentions to remain socially compliant and to utilise the support and assistance being afforded to him by his proposed co-resident.

The pre-parole assessment undertaken of the applicant to assist the Board in its consideration identifies the applicant as being suitable for a parole order. It is particularly noted that the applicant has the assistance of Beyond the Wire and a treating general practitioner on his release. The applicant presented as very focused and willing to engage with Community Corrections.

The applicant presented to the Parole Board in a similar manner. He was keen to reconnect with family and asserts that he now feels strong enough with the supports now available to him to attempt to put drug use and criminal behaviour behind him. He also notes that he will be supported by working with a counsellor to assist him come to terms with previous trauma he has suffered.

On the basis of the above matters, the Board assesses the applicant as suitable for parole and an order accordingly is made.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order together with:

Obtain a mental health care plan;

A non-association clause with certain named persons.

Paroled from 10 August 2020 - 26 March 2021