Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by John Robert Bennett

15 January 2021

Reasons for Decision

Offences and Conviction

John Robert Bennett (“the applicant”) is currently serving a sentence of imprisonment of 16 months with a non-parole period of 8 months imposed upon conviction on significant number of dishonesty offences including dishonestly acquiring a financial advantage, burglary, 49 counts of stealing, and a range of driving related and traffic offences.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 19 January 2021.

The applicant appeared before the Board in respect of his application at the hearing on 15 January 2021.

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 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.”

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 relating to his current custodial sentence is characterised by a significant number of low range dishonesty and driving offences which appear inexorably linked to the applicant’s acknowledged history of illicit drug use and addiction, initially involving an addiction to opiates prescribed for pain management regarding an injury, but in later years an addiction to methylamphetamine (ICE). Information indicates the applicant reports his life was consumed by use of illicit substances at the time of his offending, and the significant number of stealing offences were committed to fund his drug use.

The applicant does have prior history for similar offences and has served periods in custody in relation to his offending in Tasmania and more particularly in Victoria, where he served a lengthy prison sentence after being convicted of arson causing death.

The applicant’s history of substance abuse is reported to have commenced after he suffered an injury to his arm because of a self-inflicted gunshot wound during a suicide attempt. The applicant now lives with a permanent disability and pain associated with the injury.

During his custodial sentence, the applicant has attained a minimum classification and is housed in minimum security. Case notes provided indicate no concerns regarding the applicant’s behaviour

Concerns have been raised by Community Corrections regarding the applicant’s inability to abstain from use of illicit substances in the past while on community-based orders.  The applicant was placed on the Court Mandated Diversionary (CMD) program in early 2020 in relation to his current offences, but failed to appropriately engage in appointments, or demonstrate a willingness to address his substance use, and in fact re-offended during the CMD order.  The applicant was ultimately apprehended on warrant, the CMD order was cancelled and the applicant was required to serve his custodial sentence.

The applicant has not participated in any therapeutic intervention regarding his substance abuse while in custody, although information indicates he did complete the EQUIPS Addiction program in the community in 2019 and at that time engaged well. It is noted the applicant commenced his custodial sentence in mid-2020, during the COVID-19 pandemic when some limitations existed in terms of access to programs and activities within the prison.

Upon interview, the applicant acknowledged that he had not engaged appropriately in the CMD program and had not to date had the ability to stay away from drugs when back in the community.  However, the applicant recounted that his drug use had caused significant cost to him most recently as his biological father had passed away during the applicant’s incarceration and he had missed the opportunity to spend time with him prior to his death.  The applicant expressed guilt and regret for this loss of opportunity.

The applicant does have some protective factors related to his risk of reoffending.  The accommodation nominated by the applicant if he were to be granted parole has been assessed as suitable, and he continues to have a good relationship with his mother, stepsiblings and extended family, all of whom reside in the area the applicant would be located.

The applicant appeared willing to engage more appropriately in therapeutic intervention regarding his substance use and expressed motivation to work on the strategies he had learnt from past engagement in the EQUIPS program to avoid relapsing into drug use in the community. The applicant also acknowledged the need for him to seek counselling and support in relation to his mental health in addition to addressing his substance abuse.

Despite concerns held by Community Corrections regarding the applicant’s high risk of re-offending due to lack of therapeutic intervention while in custody, the Board is of the view that appropriate therapeutic support and intervention can be accessed by the applicant in the community through the structure and conditions provided by a parole order.

Accordingly, the Board has determined the applicant is suitable to be afforded the opportunity for parole.

The Board’s determination

Approved

Special Conditions

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

Engage with a general practitioner to be assessed for a mental health plan and attend psychological counselling as recommended by that plan.

Paroled from 27 January 2021 - 19 September 2021