Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by T L B

23 July 2021

Reasons for Decision

The Background:

T L B (“the applicant”) is serving a sentence of imprisonment of 4 years with a non-parole period of 2 years, imposed upon his convictions for Rape and Indecent Assault

The applicant became eligible to be considered for a parole order on the

The applicant appeared before the Parole Board at its hearing on the 23^rd of July 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 the Board was 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 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 was a rowing coach.  Whilst attending a schools rowing regatta, at which his son was also competing, he entered the tent occupied by the mother of one of his rowers, and forced himself, despite her many refusals, upon her until eventually he desisted and removed himself from her tent.

This event was obviously an extremely distressing one for the victim.  In her statement to the Board, she identifies that the prospect of the applicant’s release causes her and her family significant anxiety.  The Board recognises the profoundly negative impact the applicant’s offending has and will continue to have on the life of the victim and her family.

The applicant was an alcoholic and was affected by alcohol at the time of the offending.  He had developed an infatuation for the victim and had persuaded himself, despite the lack of any foundation, that his feelings were reciprocated.

The applicant’s offending occurred in close proximity to many others camped at Lake Barrington that evening, young schoolboy and girl rowers and their families and not the least of which was the son of his victim who was sleeping just outside the tent at the time.

The applicant has no relevant criminal history of offending.  He has served his sentence of imprisonment compliantly and quietly.  He has not behaved contrary to any of the rules of his custody and indeed is housed in the minimum and external O’Hara cottages.

The applicant’s incarceration has forced abstinence from alcohol upon him. The applicant has sought drug and alcohol counselling however prison resources have meant that he has remained waitlisted for that intervention.  Nevertheless, the applicant has engaged productively in prison employment, working in the prison store and in woodwork to good reports. He has undertaken one to one safety planning for sexual offending and completed a Certificate II in Construction including obtaining a White Card.

The applicant’s risk for recidivism was assessed via the STATIC 99-R tool.  His score at -2 placed him in the very low risk category.

Suitable accommodation is available for the applicant upon his release on parole and he has retained the support of his family and some of his former friendship group.  The applicant is motivated to obtain productive employment and is realistic as to the challenges that he will have to face in his return to the community due to the nature of his criminal conduct. Alcohol use will always remain a risk factor for the applicant.  Any parole period would be conditional on alcohol and drug abstinence.  The applicant points to his abstinence from alcohol during his bail period as demonstrating his capacity to comply with that condition.

The applicant has been assessed by Community Corrections as suitable for a parole order and the Board concurs with that assessment.

The Board’s determination

Parole is approved

Special conditions applied

• Excluded from certain specified areas
• Electronic monitoring
• To obtain and comply with a mental health plan
• To not contact directly or indirectly the victim to his offending

Paroled from 3 August 2021 - 28 July 2023