Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Daniel John Archer

12 March 2021

Reasons for Decision

The Background:

Daniel John Archer (“the applicant”) is currently serving a sentence of imprisonment of 3 years with a non-parole period of 18 months imposed upon his conviction for aggravated burglary and assault.

The applicant became eligible for consideration for a parole order on 6 February 2021.

The applicant’s application initially came before the Parole Board at its meeting on 12 February 2021 but was adjourned for the completion of a family violence offender Intervention Program report. Ultimately the matter was heard by the Board at its hearing on 12 March 2021. 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 of 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 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 46 years of age.  He has a relevant criminal history of assault in 1996.  The matters for which he is serving his sentence of imprisonment involve violence conducted in the context of the breakdown of a domestic relationship. The victim was a friend of the applicant’s former partner who was present in her home and who became the object of the applicant’s jealous rage.

Ultimately the applicant entered the home, having armed himself with an axe handle, and struck his then sleeping victim repeatedly.  The applicant’s actions were witnessed by at least one of his former partner’s young children and caused the victim personal injury of some substance including fracture to his leg and elbow and lacerations requiring stapling and stitching.  Both the victim, the former partner and, I have no doubt, the infant witness, have been left a legacy of discomfort and anxiety as a consequence of the applicant’s actions.  Indeed, the former partner has suffered significant disruption to her relationship with and custody of her young children as a direct result of the offences.

The applicant’s history of alcohol abuse is relevant to his offending he being under the influence of alcohol during the occurrence of these events.  During his period in custody, he has sought to engage with therapeutic inputs by way of the Apsley and Gottawanna programs however he has remained on the waiting list thus far for both.  He has completed the Family Violence (FVOIP) program and the exit report from that program describes him as having made progress throughout the program although hampered by his feelings of resentment toward his former partner. It is noted that he was able to recognise his own unhelpful behaviour in relationships and at times practise strategies to manage his thinking.

The applicant professes an intention to no longer drink, noting not only that it would be in breach of a parole order for him to do so but that he was able to remain abstinent from alcohol on a previous occasion whilst resident in Melbourne in the 1990s. He was confident he would be able to return to and maintain abstinence now.

The applicant has reportedly been a compliant and positive inmate and maintained a Medium Low classification.  He has engaged in employment working as a general hand in the vegetable shed.  He has engaged well with sentence planning and management.  There are two instances of breach of prison regulations in late 2020, one minor the other relating to his involvement in the transfer of buprenorphine between other inmates.  The applicant otherwise has been able to maintain adherence to the internal rules and regulations of the prison.

Accommodation that is suitable for the applicant’s needs has been identified and is available for him upon his release on a Parole Order.  It is also understood that the applicant has available to him the possibility of employment with his brother in plumbing.

The assessment of Community Corrections is that this applicant would be suitable for a parole order with part of his supervision aiming to engage him in ongoing intervention around developing skills on conflict management and alcohol abuse.

As stated at the outset this applicant is now aged 46years.  He presented before the Board as having the maturity to follow through with his stated aims of remaining substance free, repair and build his relationships with family and friends and to conduct himself appropriately in the context of his domestic relationships. His risk to the community is likely low considering the nature and extent of his criminal history, his general compliance during his imprisonment and the existence of some protective factors including employment, supportive family and friends and stable accommodation.

The Board’s determination

Parole is approved.

Special conditions applied

To not contact the victims of the offending directly or indirectly;

To not enter Canberra or Devonport.

Paroled from 23 March 2021 - 16 August 2022