Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Ashley Edward Powell

25 September 2020

Reasons for Decision

Offences and Conviction

Ashley Edward Powell (the applicant) is currently serving a sentence of imprisonment of 4 years with a non-parole period of 2 years imposed upon conviction on a charge of persistent family violence.

Parole Eligibility Date

The applicant became eligible for consideration for parole on 6 October 2020.

The applicant appeared before the Board in respect of his application at the hearing on 25 September 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 Victims

No 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 was convicted of one charge of persistent family violence relating to a pattern of serious family violence incidents that occurred over a five year period in his relationship with the victim, his partner of ten years. The recurring violence involved several occasions where the applicant physically assaulted his partner by shoving her, pushing her over and kneeing her in the face. On other occasions the violence involved more serious assaults including the applicant grabbing his partner by the face and squeezing her around the throat, which,  during one particular incident, occurred while she was holding their infant son and caused her to lose consciousness and suffer a seizure as a result.

At the time of sentence, his Honour Justice Escourt described each of the identified incidents as involving “vicious and cowardly attacks by the defendant on a woman” and were clearly instances of serious domestic violence that society finds entirely unacceptable and abhorrent. The impact on the victim cannot be understated, causing ongoing physical and emotional effects in all aspects of her life.

While not negating the seriousness of the applicant’s behaviour, the Court noted a report of clinical psychologist Grant Blake in which he diagnosed the applicant with high functioning autism or Asperger’s syndrome. Mr Blake stated the symptoms of autism can impact interpersonal functioning and impair an autistic person’s ability to make calm and rational decisions in states of heightened stress and anxiety. Mr Blake assessed the root cause of the applicant’s violent behaviour as psychosocial dysfunction associated with chronic mental illness and an undiagnosed autistic condition, leading to a failure of the applicant to be able to cope with situations of high stress and anxiety.

Mr Blake also noted additional risk factors for future intimate partner violence as being the applicant’s history of depression, substance use disorder relating to cannabis, suicidal ideation, and intimate and non- intimate relationship issues. However, Mr Blake stated the applicant did have good prospects for rehabilitation if he was to engage with an occupational therapist, adhere to an anti-depressant medication regime and access psychological support from a suitable qualified professional.

The applicant has no prior convictions and during his custodial sentence has achieved a minimum-security classification and so has been able to access therapeutic programs aimed at addressing his offending behaviour.  The applicant has completed the Gottawanna program and the FVOIP ( Family Violence Offender Intervention Program) and has been seeking assistance for his mental health through the Therapeutics Unit, which he reports has helped him cope better with stress and managing volatile situations. Information indicates the applicant appears to have gained insight into his offending behaviour from his participation in the FVOIP program, and an ability to recognise the negative impact of his cannabis use on his relationship.

Case notes provided to the Board reflect positive behaviour, and an apparent motivation to engage with programs that will assist him.  He is currently employed in Education and has completed several vocational courses, including a Certificate II in Cleaning, Construction, and IT.

The accommodation nominated by the applicant has been assessed as suitable.

The main factors relevant to the applicant’s vulnerability to re-offending include his mental health, previous substance use and lack of social contacts outside of his immediate family.  He has however been assessed as suitable for additional support through the Beyond the Wire program and he reportedly has regular contact with his family and will have support from both his parents on release.

During his interview, the applicant expressed a desire to engage with a psychologist to gain a better understanding of his autism diagnosis and how this may impact his future behaviour. He appeared genuine in his desire to continue with drug and alcohol counselling in the community to assist him to remain drug free.

The applicant has been assessed as requiring a medium level of supervision and Community Corrections have recommended the applicant as benefiting from a period of parole.  The Board agrees with this assessment and is satisfied that the protection of the victim can be managed by the existence of a family violence order along with a condition placed on the parole order preventing his contact with her. Other identified risks can be appropriately managed through structured support and ongoing engagement in therapeutic interventions.

The Board’s determination

Parole Approved

Special Conditions

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

Engage with a general practitioner to be assessed for a Mental Health Plan and attend psychological counselling as recommended by that plan

Not contact or approach the named victim.

Paroled from  6 October 2020 - 6 October 2022