Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Phillip James Standage

22 May 2020

Reasons for Decision

The Background:

Phillip James Standage (“the applicant”) is currently serving a sentence of imprisonment of 3 years and 3 months with a non-parole period of 1 year, 7 months and 15 days imposed upon his conviction for a number of offences including dangerous driving, motor vehicle stealing, resisting arrest, assaulting police, unlawful injury of property, driving whilst a prescribed illicit drug is present in the blood and possessing an instrument with intent to commit a crime.

The applicant became eligible for consideration for parole on 21 October 2019.

The applicant’s application was initially before the Board at its meeting on 11 October 2019 but required adjournment due to the absence at that time of suitable accommodation. The matter was again heard before 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 report 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 a minor criminal record commencing as a young teenager, however, his more significant offending behaviour commenced in 2011. Leading up to this time the applicant was gainfully employed as a mechanic. His life appears to have derailed in and around the timing of his mother suffering from a serious illness and the escalation of his drug use occurred around that time.

The applicant has a prior record of engagement in community based orders. He completed a community service order in 2017, however, further community service orders and a probation order were not completed and breached. This resulted in the imposition of a term of imprisonment. Breach of the probation order was by way of the applicant reoffending and gives rise to some concern with respect to his capacity to not reoffend were he afforded the benefit of a parole order.

The applicant has, however, engaged well with his custodial sentence. He has achieved a minimum classification and case notes suggest he has been polite and compliant. Whilst there has been some minor internal offending that offending is somewhat aged having occurred in 2018.

The applicant has engaged and/or attempted to engage in therapeutic programs. In 2019 he commenced the Equips Foundation Program, however, this was cancelled due to the inability of the prison to facilitate it continuing. The applicant has completed the Gottawanna Program and remains attending the Equips Aggression Program.

The applicant has also had the benefit of section 42 leave to attend his mother’s funeral and to attend the Salvation Army on two occasions. He undertook this leave without incident.

Accommodation proposed by the applicant has been identified as suitable.

This applicant has the benefit of engagement with Holy-oake which will continue upon his return into the community, to address his drug use and provide one-to-one counselling. He further has the assistance of Beyond the Wire with respect to his return to the community.

Finally and somewhat significantly for the applicant he has received life coaching and outreach support from Ms Symonds which is understood likely to continue upon his return to the community. At interview before the Board the applicant identified the significant benefits he had achieved through this program.

Community Corrections in their pre-parole report to the Board have assessed the applicant as being appropriate for a parole order specifically noting that identified risks are capable of being effectively managed through current supervision practices.

The Board are in agreement with this assessment and the application is accordingly approved.

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.

Paroled from 1 June 2020 - 21 September 2021