Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Michael John Boulton

17 September 2021

Reasons for Decision

The Background:

Michael John BOULTON (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for several drug and driving offences including the manufacture of a controlled drug and precursor, the supply of a controlled drug, threatening a police officer and negligent driving.

The applicant became eligible to be considered for a parole order on the 06/08/2021.

The applicant appeared before the Parole Board at its hearing on the 17/09/2021.  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 has a lengthy criminal history for offending in a similar vein to his current convictions, that is for driving and drug matters.  This is his third sentence of imprisonment.  The applicant claims that he is motivated to make it his last.  He wishes to reform.

Contributory to the applicant’s lengthy history of offending is his use of illicit substances and his mental health.  The applicant has been using drugs in one form or another since he left school. For the past fifteen years he has been involved in the ‘cooking’ of methamphetamine primarily for his own and his partner’s use.  He describes his drug use as a way to self-medicate and as such it is significantly intertwined with the status of his mental health.

The applicant has engaged in treatment for his mental health issues.  His engagement in psychiatric care and diagnosis occurred relatively shortly prior to his incarceration.  He is now stable on prescribed medication and has expressed a strong conviction that he will remain in treatment and using prescribed medication in the future to ensure stability.

The applicant’s behaviour whilst in custody has been good.  He is classified at minimum, has positive case notes, negative urinalysis and been employed during the custodial period.  He has participated in alcohol and drug counselling and undertaken the Gottawanna program.  Accommodation that is supportive and suitable is available to him during the parole period. The Board agrees with the assessment of Community Corrections that the applicant is a suitable candidate for a period of parole.

The Board’s determination:

Parole is approved

Special conditions applied:

• To obtain and comply with a mental health care plan

Paroled from 27 September 2021 - 6 May 2022