Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Emma Louise Wilson

9 October 2020

Reasons for Decision

Offences and Conviction

Emma Louise Wilson (“the applicant”) is currently serving a sentence of imprisonment of 14 months with a non-parole period of 7 months imposed upon her conviction for multiple convictions for dishonestly acquiring a financial advantage and forgery.

Parole Eligibility Date

The applicant became eligible for consideration for a parole order on 19 October 2020.

The applicant appeared before the Parole Board at its hearing on 9 October 2020. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself 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

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.”

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

This is the applicant’s first sentence of imprisonment.  During her custodial term she has achieved and maintained a classification at minimum and has been employed as a cleaner reportedly to a high standard.  In that capacity she has been required at times to conduct cleaning work external to the Mary Hutchinson Women’s Prison which demonstrates not only her trustworthiness as an inmate but has allowed her exposure to and interaction with the public which she has found to have been a positive experience.

The applicant has no relevant criminal history.  Her offending involved her theft from her employer over approximately two years until she was detected.  She attributes this behaviour to a tendency she developed to purchase things to make her feel happy following the death of her father.  Initially she self funded this activity but unable to maintain that she resorted to theft from her employer.  A report obtained from a psychologist at the time of trial identified emotion regulation difficulties, depression and irritability.  She has demonstrated some insight into her mental health issues and if released on parole it will be a condition that she engage in ongoing counselling with a psychologist under a mental health care plan.

Unfortunately, due to the constraints imposed by Covid 19 the applicant has bot been able to engage in any therapeutic programs.

The applicant has retained some significant pro social supports in the community including her partner who is able to provide suitable accommodation for her.  The assessment of Community Corrections is that the applicant is well placed to successfully complete a parole order and the Board agree with this assessment.

The Board’s determination

Parole is approved.

Special conditions applied

To obtain and comply with a mental health care plan.

Paroled from 19 October 2020 - 19 May 2021.