Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by David John Charles King

17 July 2020

Reasons for Decision

The Background:

David John Charles King (“the applicant”) is currently serving a sentence of imprisonment imposed upon his conviction for a number of matters including firearm offences, evading police, drug, burglary and stealing, trespass and aggravated burglary matters.

The applicant became eligible for consideration for parole on 27 July 2020.

The applicant was heard before the Board at its meeting on 17 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 the Board had been read to the applicant prior to her 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

This applicant has a relevant criminal history for similar offending as the matters for which he is currently serving his custodial sentence. Indeed, this is his second period of imprisonment and he was subject to a suspended sentence at the time that he engaged in his criminal endeavours.

Complicit in the applicant’s offending behaviour in the past has been his engagement with an antisocial peer network who both used illicit substances and engaged in offending behaviour. The applicant has also a lengthy history of substance abuse commencing his use of cannabis at the age of 13 years and escalating that use to methamphetamine upon which he became dependent.

Since the commencement of his custodial sentence, however, the applicant claims that he has been drug-free.

The applicant has been the beneficiary of community-based sentencing orders in the past having a probation order over 2017 to 2018. The applicant also had a suspended sentence. During this period, however reoffended both in breach of the probation order and the suspended sentence.

Whilst serving his custodial sentence the applicant has engaged in some offending behaviour. The most recent instance being in September 2019 when he was found to have been in possession of an unauthorised item which was deemed trivial so no further action was taken and having trafficked with another detainee.

Unfortunately whilst serving his custodial sentence the applicant has been unable to gain access to any therapeutic inputs noting that part of his sentence was spent in maximum security where no programs were offered and there has been an absence of availability of programs in medium since he was reclassified to that level.

Proposed accommodation for the applicant upon his release on a parole order has been assessed as suitable and it appears that the applicant has the benefit of an employment opportunity with a long-term friend in his excavation and landscaping business. This prospective employer has also asserted that his relationship with the applicant had been previously fractured by the applicant’s drug use, however, in recent periods he has appreciated a change in attitude in the applicant.

The pre-parole report prepared in respect of the applicant identifies that his risk factors are substance use and his associates but believed that those risk factors can be appropriately managed under supervision. They note that upon return to the community the applicant would be referred for therapeutic courses, including the Equips Addiction Program and the Holy Oak drug and alcohol counselling service. Recommendations are also made for a mental health care plan to be obtained.

It is noted that the applicant’s accommodation provides for him a positive home environment which will assist him and support him through a parole period.

The applicant during the hearing before the Board asserted strongly that he wished to change his lifestyle for the better. He noted he was particularly motivated by his children and the fact that the sentence had been the lengthiest he had served and it had had a significant deterring influence on him. Certainly the applicant demonstrated good insight into his difficulties and risk factors.

On balancing all matters this applicant is approved for a parole order.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order.

Paroled from 27 July 2020 - 28 February 2022