Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Andrew Neville Hodgetts

25 September 2020

Reasons for Decision

Offences and Conviction

Andrew Neville Hodgetts (the applicant) is currently serving a sentence of imprisonment of 5 years with a non-parole period of 3 years imposed upon conviction on 9 charges of computer related fraud.

Parole Eligibility Date

The applicant became eligible for consideration for parole on 2 October 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 is no registered victim.

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 was committed in the course of his employment and involved a significant breach of trust in his position as Insurance and Business Manager of a local motor vehicle dealership.  The applicant obtained a total personal benefit in excess of $700,000 over a period of four years during which time he transferred funds from the business account to his own personal account, creating false journal entries and forging loan applications in customers’ names without their knowledge, paying funds received into the employer’s account in an attempt to hide his fraud.

At the time of his offending, the applicant was married with two children. The applicant reports he committed the crimes because of financial pressure to maintain a particular standard of living for his family. He has no prior convictions for similar offences and prior to his offending had a history of stable employment, including several roles involving finance in the motor vehicle retail industry.

In comments on passing sentence however, his Honour Justice Pearce noted the applicant’s behaviour was “a case of serious fraud involving a very substantial amount taken over a long period of time by an employee in whom a high level of trust was reposed by his employer”.

In his application to the Board, the applicant expressed remorse for his offending, acknowledging the extent to which his bad choices affected his lifestyle and those around him, leading to a breakdown in his long-term marriage and affecting his relationship with his two daughters.

The applicant is classified minimum security and has maintained this during his custodial sentence, with only one incident of internal offending in 2019 involving medication found in his cell, contrary to prison protocols. Case notes reflect positive and polite behaviour, and the applicant is currently employed as Senior Hand – Woodwork.

While the applicant has not participated in therapeutic interventions due to his belief none are offered that are relevant to his offending, the applicant has used the time during his sentence to pursue several vocational courses.

The applicant has good prospects for rehabilitation, as he reports that despite the breakdown of his marriage, he intends to spend time with his children upon release, seeking to be a good and positive role model for them. He reports never having used illicit substances or engaged in problematic alcohol use and is in generally good physical and mental health.

The applicant will have some financial stability upon release while he pursues employment due to holding some savings and has good employment prospects due to his background and employment history.

The accommodation nominated by the applicant has been assessed as suitable and prosocial.  The applicant has good family support from his immediate and extended family and Community Corrections have noted this as a protective factor and relevant to his likelihood of being successful on parole.

The applicant has been assessed as requiring a medium level of supervision and intervention, with an absence of dynamic criminogenic needs and his application for parole is supported by Community Corrections.

On interview the applicant appeared motivated to move forward from his offending, re-establish his relationship with his children and seek gainful employment to enable him to contribute to the community and his family.

The Board is satisfied that any risks identified can be appropriately managed and the applicant is 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.

Paroled from 5 October 2020 - 2 October 2022