Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by G L S

30 October 2020

Reasons for Decision

Offences and Conviction

GLS (“the applicant”) is currently serving a sentence of imprisonment of 5 years with a non-parole period of 2 years and 6 months imposed upon his conviction for matters of maintaining a sexual relationship with a young person under the age of 17 years and supplying a controlled drug to a child.

Parole Eligibility Date

The applicant became eligible for consideration for a parole order on 3 November 2020.

The applicant appeared before the Parole Board at its hearing on 30 October 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.

A pre-parole report prepared on behalf the Board was read to the applicant prior to his appearance at the hearing.

Registered Victims

Yes

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

The applicant is serving a sentence of imprisonment for maintaining a sexual relationship with a young person under the age of 17 years and supplying a controlled drug to a child.  The victim was the applicant’s step grandchild and was aged ten when the offending commenced.  The applicant was able to create a relationship of trust with his victim and opportunities for his offending.  The offending behaviour continued intermittently over many years.

Aside from a conviction in 1986 for assault with indecent intent the applicant had no record for sexual offending prior to his conviction for these matters.  At the time of sentencing for these matters it was noted by the Court that the applicant had made admissions regarding his conduct, cooperated with the police investigation into the matter and recognised that his conduct was repugnant.

The applicant has served his sentence in a compliant and cooperative manner.  He is classified minimum security and described as polite, respectful and hardworking in his case notes.  He has worked as a tailor and cleaner in the prison to good work reports.  The applicant has also completed New Directions, a sex offender treatment program.  The exit report to that program advises that the applicant was an engaged participant and willing to translate the program’s concepts to his own life and conduct and was demonstratively remorseful for his offending behaviour.

The applicant’s victim has provided the Board with a statement outlining the impact the offending has had upon her.  She refers to the fact that her family has been torn apart as a result of his conduct.  She has felt disowned and blamed by her family and will always bear the psychological scars of the offending in the form of crippling social anxiety and flashbacks.  The Board recognises the significant and enduring effects the victim continues to endure due to the applicant’s conduct.

Were he to be afforded an opportunity of parole the applicant has suitable and supportive accommodation available to him. Assessment of the Applicants risk for recidivism places his on the below average level on the Static-99-R and average on the VRS:SO assessment tools.

The assessment of Community Corrections is that the applicant is a suitable candidate for a parole order.

The applicant has put in place measures to assist him remain vigilant against future offending upon his return to the community including attendance for psychological care and recognition of warning signs that would require his attention were they to occur.

It is the determination of the Board that the applicant’s rehabilitation would be assisted by a supervised return to the community.  Little more can be usefully achieved by his incarceration.  He is remorseful for his past conduct and vigilant against it occurring again.

The Board’s determination

Parole is approved.

Special conditions applied

To obtain and comply with a mental health care plan;

Not to in the presence of a person under the age of 18 years in the absence of an approved nominated person;

Not to contact directly or indirectly the victim to the offending.

Paroled from 10 November 2020 - 3 May 2023