Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jordan Anthony Stuart

22 January 2020

Reasons for Decision

The Background:

Jordan Stuart (“the applicant”) is currently serving a sentence of imprisonment of 2 years and 6 months with a non-parole period of 15 months imposed upon his conviction for a number of computer related frauds and inserting false information as data.

The applicant became eligible to be considered for parole on 1 February 2020.

The matter was heard before the Board at its meeting on 22 January 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

Since aged 18 or 19 this applicant has engaged in online gambling. Whilst initially a recreation for him, this activity escalated and became problematic approximately a year prior to the commencement of his offending behaviour. The development of a gambling addiction gave rise to a significant debt and this in turn motivated the applicant to engage in the offending behaviour. The offending occurred in the context of his employment and was a significant betrayal of the trust that ought to reside within an employment relationship. As a result of his behaviour the applicant was able to defraud his employer of approximately $280,000.00. The applicant during this period hid his addiction, desperation and criminal activities from his family and his friends. The fact the this applicant an otherwise intelligent, moral and trustworthy individual who came from a supportive and prosocial background and had a life without any other stressors or concerns, was able to plummet to the depth that he did as a result of the grip of his gambling addiction, is testament to the power of that addiction and the weakness of the applicant being able to overcome it.

When discussing this issue before the Board the applicant asserted that he had now developed an understanding and techniques that would protect him from returning to the grips of addiction. He has engaged with Gamblers Anonymous and has the input and support of a sponsor from that organisation who has continued to visit with him during his custodial term and will be available to him upon his release. The applicant has also engaged in self exclusion from the online sites he previously accessed gambling and is in the course of exploring whether he can access a blanket ban. The applicant also recognises that he has significant supports in his friends and family who have stood by him during his custodial term and that he needs to communicate honestly to those supports to assist him going forward.

The applicant has been assessed as very low risk. There is significant rehabilitation potential. The applicant would benefit from the supervision of a parole order and has indicated his intention to engage with a psychologist to also assist him and support him during this period. The applicant has served his custodial term in a positive manner. He is assessed as minimum classification and been engaged in therapeutic and vocational coursework. This applicant impressed at his hearing before the Board as positive and forward thinking and this enhances his prospects for rehabilitation.

The Board’s determination

Parole is approved.

Special conditions applied

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

Paroled from 3 February 2020 - 1 May 2021