Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Justin Andrew Leary

31 July 2020

Reasons for Decision

The Background:

Justin Andrew Leary (“the applicant”) is currently serving a sentence of imprisonment of 1 year, 10 months and 56 days with a non-parole period of 11 months imposed upon his conviction for aggravated burglary, assault and stealing.

The applicant became eligible for consideration for parole on 7 January 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 has previously applied for parole, that application being refused in April 2020. He now comes back before the Board having achieved minimum classification. He asserts that he is now drug-free not having used since late December 2019. The use of drugs has been complicit in the applicant’s past offending behaviour. He has been addicted to amphetamines. The addiction has been long-standing. The addiction has resulted in the applicant breaking the law both under its influence and also to fund the habit.

The applicant’s criminal behaviour has been long-standing and consists of many matters of dishonesty, violence, stealing, family violence offences and driving matters.

Behavioural case notes identify the applicant as compliant, polite and courteous. He has been engaged in employment in vegetable processing and is a wardsman. The applicant has also undertaken the Equips Foundation Program. The exit report from the program noted that the applicant was a quiet member of the group engaging well with group discussion. It was noted though, that at times the applicant did make various antisocial statements. The applicant completed the course in November 2019.

Accommodation proposed for the applicant has been assessed as suitable and supportive.

It is noted that reports in respect of a supervision order imposed in 2010 were to the effect that the applicant had made a concerted effort for period of six months to comply with the requirements of that order. Some concerns arise, however, with respect to his capacity to comply with a parole order in light of his cognitive deficits and drug addiction.

There was a victim to the applicant’s offending behaviour and the impact statement provided by that victim has been read and considered by the Board. This applicant has obvious cognitive deficits which will make compliance with a parole order possibly difficult, however, the intent to change his life to one of future compliance appears present. The presence of a parole officer in supervising the applicant’s parole order will provide him with assistance in this respect.

On balance it is believed that this applicant will benefit from a period of parole and a parole order is accordingly approved.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order together with not to contact the victim to the offending behaviour.

Paroled from 11 August 2020 - 11 February 2021