Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Marcus Raymond Hardwick

25 September 2020

Reasons for Decision

Offences and Conviction

Marcus Raymond Hardwick (the applicant) is currently serving a sentence of imprisonment of 2.5 years with a non-parole period of 12 months imposed upon conviction for charges of aggravated burglary, assault and common assault.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 19 September 2020.

The applicant appeared before the Board in respect of his application 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 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’s offending behaviour arose out of a serious family violence incident committed against his former wife and 18-year-old son after the breakdown of his 22-year marriage.  It is reported the applicant was suffering from serious mental health issues after the breakdown of his marriage and in the period prior to his offending had been behaving in an unpredictable manner, including incidents of self-harm. The indexed offending involved the applicant, who was significantly under the influence of alcohol, attending his previous family home in the early hours of the morning while the occupants were asleep, violently forcing his way into the home and seriously assaulting his wife by punching and attempting to choke her in the presence of his three children. The applicant also assaulted his adult son who attempted to stop the applicant’s assault on his wife.

The impact of the applicant’s offending was significant and devastating for his victims.  In addition to the impact of the applicant’s unpredictable behaviour leading up to the offences, victim impact statements made available to the Board indicate profound and long-lasting psychological effects for all victims.  The ultimate consequence of the applicant’s offending has been the cessation of any contact between the applicant and his children, which reportedly appears unlikely to change on the applicant’s release from prison.

Despite the seriousness of his offending behaviour, the applicant does demonstrate prospects for rehabilitation.  The applicant has no relevant prior history of such serious offending and prior to his offending, had been actively engaged in secure employment, and had been previously involved in community and sporting activities with pro-social influences that he intends to re-engage with on release.

During his custodial sentence, case notes provided to the Board regarding behaviour are of a positive nature, and the applicant attained minimum security classification in June 2020 and is currently housed in the minimum-security prison.  The applicant recently undertook and completed the Family Violence Offender Intervention Program (FVOIP) and an exit report from the program notes that while the applicant’s initial engagement with the program was affected by his mistrust of the legal system, he was able to develop an enhanced ability to see his own problem behaviour and understand the need to learn strategies to better manage communication when his emotions are high.

The accommodation nominated by the applicant has been assessed as suitable and pro-social, and he has additional accommodation options available to him in the longer term should he successfully complete a period of parole.

Additionally, there are a several protective factors relevant to his risk of re-offending. The applicant has some financial independence, and has good prospects for self-employment, having a history of stable employment history with a variety of skills in teaching, training, and rehabilitation provider services. On interview the applicant reported he plans to continue with the craypot manufacturing business he was engaged in prior to his incarceration and build on existing skills.

The applicant appeared motivated to focus on his own mental health and well-being, and information provided indicates the applicant intends to re-engage with therapeutic and psychological intervention he had been undertaking prior to commencing his custodial sentence.

It is important in such a serious case of family violence that the Board consider the impact of any parole order on the protection of the victims and the broader community. The Board are advised the applicant is currently subject to a longstanding Family Violence Order preventing him from contacting his family with an electronic monitoring condition, and upon release would be subject to additional supervision associated with a 12-month probation order regarding the portion of his sentence that was suspended.

While the applicant has been assessed by Community Corrections as being at moderate risk of family violence recidivism and would be subject to a high level of supervision if granted parole, his application is supported.

On balancing all factors and noting the existence of protective factors and sufficient management and supervision of identified risks, the Board is satisfied the applicant is suitable for a parole order.

The Board’s determination

Parole Approved

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 6 October 2020 - 6 April 2021