Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Alessandro Roberto Meloni-Young

22 May 2020

Reasons for Decision

The Background:

Alessandro Roberto Meloni-Young (“the applicant”) is currently serving a sentence of imprisonment of 2-½ years with a non-parole period of 15 months imposed upon his conviction for two matters of armed robbery.

The applicant became eligible for consideration for parole on 21 May 2020.

The applicant appeared before the Board at its meeting on 8 May 2020. On this occasion the proposed address for the applicant was deemed unsuitable due to its apparent proximity to the chemist which was the subject of one of the armed robberies. This issue was further considered by the Board at its meeting on 22 May 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 reports prepared on behalf 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

The applicant has no relevant prior convictions. The applicant’s offending behaviour was out of character for him. The behaviour consisted of him attending upon two pharmacies whilst armed with a knife demanding provision from the pharmacies of certain prescription medication. The offences occurred on consecutive days.

The offending arose as a result of the applicant’s addiction to prescription medication and occurred for the purposes of accessing that medication. The applicant’s actions showed the extent of his addiction and desperation.

The applicant is from a supportive family and the accommodation proposed for him is with his grandfather. That accommodation has been assessed as appropriate, supportive and potentially beneficial to the applicant and for that reason the accommodation is considered by the Board as appropriate with a restriction in place such that the applicant is excluded from the area immediately surrounding the pharmacy that he robbed.

The applicant has achieved a minimum classification and been commented upon positively in terms of his behaviour and attitude. He has engaged in studies whilst serving his custodial term through the University of Southern Queensland. He is on the waiting list to engage in a construction course and has undertaken the Holy-oake, Gottawanna and Equips Foundation courses. He remains on the waiting list for the Equips Addiction Course.

The applicant has been unable to engage with section 42 leave, that program having being suspended at this time.

The applicant is currently on the waiting list for a hip replacement and has accessed treatment with respect to his mental health issues.

It is noted that the applicant has expressed considerable regret and shame with respect to the behaviour that has given rise to the custodial sentence.

On balancing these matters it is considered that this applicant is suitable for a parole order. It is not believed that he poses a significant risk to the public or of reoffending, particularly noting the significant regret that he has with respect to his past conduct, his vigilance regarding the use of prescription drugs, the treatment of the physical condition and the absence of any prior record of offending behaviour.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order together with the obtaining of a mental health care plan and specific area exclusion.

Paroled from 1 June 2020 - 21 August 2021