Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Elijah Robert Jack O'Sullivan

11 December 2020

Reasons for Decision

Offences and Conviction

Elijah Robert Jack O’Sullivan (the applicant) is currently serving a sentence of imprisonment of 3 years with a non-parole period of 18 months imposed upon his conviction on charges of aggravated armed robbery and wounding.

Parole Eligibility Date

The applicant became to be considered for parole on 8 September 2020.

The applicant appeared before the Board in respect of his application at the hearing on 28 August 2020, but the matter was adjourned due to lack of suitable accommodation.  The applicant appeared again at the hearing on 11 December 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 are registered victims.

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 is a 22 year old who has a history of offending as a youth and young adult, predominantly for crimes of dishonesty and violence.  Although this is the applicant’s first time in an adult prison, he has been subject to youth detention related to his prior offending.

The circumstances of his current offending relate to a robbery committed by the applicant at a local supermarket with the intent of securing funds to buy drugs and pay off debts.  The applicant entered the supermarket disguised with a bandana and in possession of a knife, demanded money and threatened to stab the young female shop assistant.  Once a sum of money was handed over, the applicant ran from the shop, but was chased by a customer and when his pursuer attempted to stop him, the applicant injured the customer on the arm by lunging at him with a knife.

The applicant had a difficult childhood, having spent time in foster care at a young age with his brother. When the applicant and his brother returned to live with their father some years later, he and his brother were both subject to physical abuse and ultimately as a young teen the applicant left home.  While the applicant did have various periods of housing with family members, he also suffered a period of homelessness and unstable accommodation, culminating in a period of youth detention aged 17.

Contributing factors to the applicant’s offending are his substance abuse issues and associated mental health problems.  It is reported the applicant has suffered drug induced psychosis and has been diagnosed with schizophrenia and polysubstance use disorder. Information also indicates the applicant does have some cognitive impairment, being assessed through Forensic Mental Health Services as having borderline cognitive ability.

On sentencing the applicant Chief Justice Blow noted the applicant would require continuing psychiatric treatment and imposed a 2-year probation order requiring the applicant to submit to any medical, psychological, or psychiatric treatment as directed by a probation officer.

The Board are advised that the applicant has been subject to a treatment order while in custody but is now voluntarily accepting depot medication to manage his mental health.  The applicant reports he has not used substances during his current incarceration.

The applicant’s behaviour during his custodial sentence has been variable.  Since commencement of his sentence, the applicant has been subject to several internal incident reports, most of which occurred in early 2019 and involved behavioural issues, aggressive behaviour towards health staff, assault of another inmate and involvement in an attempted escape.

However, recent case notes reveal that the applicant’s behaviour has improved significantly in the past 12 months, with no internal offending recorded and case notes reflecting the applicant is polite, respectful, and courteous and engages well with other prisoners. The applicant has recently obtained a reduction in security classification to medium-low and is housed in the medium security complex.  Although the applicant has been referred to various therapeutic programmes, it is reported that due to pandemic control measures he has not been provided with an opportunity to engage.  It is indicated however that the applicant has engaged with Therapeutic Services throughout his custodial sentence.

Recent accommodation nominated by the applicant has now been assessed as suitable, pro social and supportive.

No doubt that there has been significant impact to the victims of the applicant’s behaviour. The Board has had careful regard to the statements provided by the victims and notes that the victims continue to suffer psychological effects of the applicant’s serious offending behaviour and the prospect of the applicant’s release under a parole order is, understandably, concerning.

Nevertheless, despite the applicant being assessed as requiring a high level of intervention by Community Corrections, he has been recommended as suitable for parole.

This recommendation is based on the significant improvement in the applicant’s behaviour and mental health over the past 12 months and the Pre-Parole Report notes the applicant has been compliant with depot medication which has assisted the applicant in managing his diagnosed mental illness.  It is also noted the applicant appears to have made a concerted effort to ready himself for his parole application.  On interview by the Board, the applicant stated his mental health had improved significantly since he had been on medication and he was committed to remaining on his medication and engage with drug and alcohol counselling if granted parole, to enable him to make a “fresh start”.

While the applicant’s risk of re-offending appears high, there are several protective factors in place to manage this risk. The applicant’s mental health appears stable due to current medication; he has appropriate accommodation and close family support and will be subject to 2-year probation order upon release requiring him to submit to ongoing treatment to manage his mental health.

On balancing all factors and noting the strict conditions of a parole order that will assist in managing identified risks, particularly regarding the applicant’s mental health, the Board has determined the applicant is suitable to be afforded the opportunity for parole.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but additionally:

Must attend a General Practitioner to be assessed for a mental health plan and attend psychological counselling as recommended by that plan.

Must continue on current psychiatric treatment program including attending for administration of scheduled depot medication injections as prescribed.

Not contact or approach named registered victims.

Paroled from 22 December 2020 - 8 March 2022