Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by John Gilbert Timbs

11 December 2020

Reasons for Decision

Offences and Conviction

John Gilbert Timbs (the applicant) is currently serving a sentence of imprisonment of 3 years and 6 months with a non-parole period of 2 years imposed upon conviction on charges of aggravated carjacking and unlawfully setting fire to property.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 18 December 2020.

The applicant appeared before the Board in respect of his application 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 is a registered victim.

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’s offending behaviour related to an incident on New Year’s Day in 2018 when the applicant and two co-offenders, as part of an attempt to escape apprehension by police in the vehicle they were driving, stole the victim’s vehicle. The victim was outside his vehicle in his driveway, opening a gate to allow him to enter his property, when the applicant’s co-offender ran toward the victim with a loaded sawn-off shotgun, pointing it at the victim’s face causing him to fear for his life. After leaving the scene in the victim’s vehicle, the applicant and his co-offenders set fire to the vehicle they had previously been driving in a further attempt to escape the police.

The applicant has a prior history of driving offences, violence, and unlawful possession of firearms, but no relevant priors for such a serious offence.  Contributory to the applicant’s offending is his history of mental illness and substance use disorders. The applicant reportedly has used drugs both recreationally and as self-medication in the context of his experiences of mental illness and complex trauma.  Information provided suggests the applicant’s use of drugs became problematic for him after the traumatic loss of his partner to suicide in his early twenties, when he began to self-medicate with “Ice” and morphine to try to deal with his grief and distressing memories.

The applicant is currently prescribed medication to assist with his anxiety and sleep and, if granted parole, intends to engage with a general practitioner to ensure ongoing access to medication and commence a mental health plan to assist in management of his mental health.

The applicant’s behaviour during his custodial sentence has been variable, with several internal offences relating to behaviour occurring in early 2020, however case notes reveal that in the last 6 months, the applicant’s behaviour and interactions are mostly positive. The applicant has attained a medium security classification and until recently was accommodated in the Ron Barwick minimum security facility. The applicant is employed as a cleaner at the Visits Centre.

The applicant does have some prospects for rehabilitation. In comments on passing sentence, his Honour Justice Brett noted after release from prison in 2017 for prior offending, the applicant had engaged in continuous employment and “appeared to demonstrate a real capacity and commitment to turning your life around”.

During his custodial sentence, the applicant completed the Apsley Program, and it is reported that the applicant gained some insight into the negative consequences to his drug use and offending, identifying he was attracted to the “fast life” and the “rush”.  This was also noted as an ongoing risk for the applicant and it was recommended that on release, he engage with a pro-social community service or organisation and employment to provide meaningful responsibilities and alleviate boredom.

The applicant has reportedly expressed remorse and “deep regret” for the impact of his actions on other people, particularly his parents and the victim of the carjacking.  The applicant has rebuilt his relationship with his parents who remain supportive.  In his application and during his interview with the Board, the applicant stated his time in the Apsley Program was the first time he had been drug free in prison, and he believed he had matured since he first came into custody.

Accommodation nominated by the applicant has been assessed as suitable and pro-social, offering a location where the applicant can access community-based activities and be supported by family.

While the applicant has been assessed on the LSCM Inventory as a high level of risk, Community Corrections view the structure and support provided by a parole order as assisting the applicant to address his risk. The Pre-Parole Report states the applicant appears motivated to engage with community-based supports to build a better life, particularly in relation to his mental health.  Protective factors such as good prospects for employment, supportive family and suitable accommodation will assist in supervision and management of identified risks.

The Board accepts the recommendation and is of the view the applicant is suitable to be afforded the opportunity for parole, subject to appropriate conditions.

The Board’s determination

Parole Granted

Special Conditions

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

Must within 28 days of release, attend a General Practitioner to be assessed for a Mental Health Plan and attend psychological counselling as recommended by that plan .

Parole from  22 December 2020 - 18 June 2022.