Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Tara Jane Lewis

18 September 2020

Reasons for Decision

The Background:

Tara Jane Lewis (“the applicant”) is currently serving a sentence of imprisonment of three years with a non-parole period of 18 months imposed upon her conviction for matters of two counts of aggravated burglary, aggravated armed robbery and stealing.

The applicant became eligible for consideration for a parole order on 27 September 2020.

The applicant appeared before the Parole Board at its hearing on 18 September 2020. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself available for questioning by the Board.

A pre-parole report prepared on behalf the Board was 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 purpose of parole

The High Court, in Power v The Queen (1974) 131 CLR 623 rejected the proposition that the primary purpose of parole is the rehabilitation of the offender, deciding that it is "to provide for mitigation of the punishment of the prisoner in favour of his rehabilitation through conditional freedom, when appropriate, once the prisoner has served the minimum time that a judge determines justice requires that he must serve having regard to all the circumstances of his offence".

The system of parole does recognise, however, the capacity of people to 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 in reducing recidivism.

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, the ability to remove or mitigate that risk by the imposition of appropriate conditions and understanding the victim’s “voice” and the desire to continue to punish for the criminal wrongdoing.

Consideration

On the 25^th of March 2019 the applicant, together with two other women, drove to Fingal and broke into and entered two premises.  One of the premises was occupied by an elderly gentleman who awoke in the middle of the night to find the women in his home armed with a baseball bat, hammer and torch.  The women were aggressive in their demands for money and assaulted the victim.  The applicant was part of this conduct.

The applicant has a prior record of offending primarily for driving matters but there is a history of some dishonesty matters.  She has previously had the benefit of three probation orders and three community service orders with mixed degrees of engagement and compliance.

Whilst serving her sentence the applicant has been accommodated at the Vanessa Goodwin Unit and is classified minimum security.  Her case notes describe a polite, engaged and positive inmate.  She has been employed as a general hand in ground maintenance and has worked hard in that capacity.  It also appears that the applicant has attempted to improve herself by undertaking vocational courses as best she can with what is available given the impact of Covid 19 on course delivery.  She has undertaken courses on adult resilience, English, asset management and horticulture and remains on the waitlist for many others.

Suitable accommodation is available for the applicant upon her release on parole.  Her children are also resident at this accommodation and the applicant is particularly motivated by them to reform.  The accommodation is considered to provide her with a supportive and pro social environment.

The Parole Board has considered a family reintegration report dated 28^th of August 2020 which notes that the applicant has attended regular support sessions with a family reintegration officer, participates in a family peer group, maintained contact with her children and attended a number of sessions of the circle of security parent group sessions.

Assessment of Community Corrections as outlined in their pre parole report is that the applicant is suitable for a parole order.

Regard has been had to the statement of the victim as to the significant impact the offending behaviour has had upon him.

The applicant has supports available to her in the community and a motivation to provide stability for her children.  She recognises that a criminal lifestyle runs contrary to her ambitions in this regard. She has demonstrated a capacity to be compliant to the rules and regulations of the prison environment.  There is reason to believe that she can remain similarly compliant to the rules and regulations of society.

The Board’s determination

Parole is approved.

Special conditions applied

To obtain and comply with a mental health care plan;

Excluded from entering Fingal;

Not to contact directly or indirectly the victim.

Paroled from 29 September 2020 - 27 March 2022