Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Cody David Brown

11 June 2021

Reasons for Decision

The Background:

Cody David BROWN (“the applicant”) is serving a sentence of imprisonment mposed upon his conviction on a number of matters including Evade Police, Attempted motor vehicle stealing, Drive a motor vehicle whilst a prescribed illicit drug is present in your blood x2, Drive whilst not the holder of a driver licence x3, Contravene conditions of a Notice x4, Motor Vehicle Stealing x10, Stealing x2, Possess controlled plant or its products x2, Breach of bail conditions x5, Reckless driving, Possess firearm without a licence, Possess shortened firearm, use firearm when not the holder of appropriate category, aggravated burglary, stealing, stealing firearm or firearm part, motor vehicle stealing.

The applicant became eligible to be considered for a parole order on 24^th of June 2021.

The applicant appeared before the Parole Board at its hearing on the 11^th of June 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 previously had the benefit of a parole order.  That order commenced on the 8^th of February 2017 and was completed on the 15^th of November 2017.  Reports from that parole period describe the applicant as having engaged in the order to a high standard and made a concerted effort to address his drug dependency and abuse issues.

The applicant has a long record of prior offending including driving offences which reflect his past disdain for the law and a willingness to put what he perceives to be his own needs above that of the rest of society who reasonably demand safety on the roads.

However, the preparedness of the applicant to work toward a lifestyle change and reform is reflected in the successfully completed parole period and was further commented upon by Geason J at the time of his sentencing on the evade police matter where he accepted the submission made by the applicant’s counsel that

“…you realise the time has come for you to make significant changes in order to give yourself a future, and in order that you can fulfil your obligations to other, in particular, your children.  I accept that that amounts to your developing some insight into your offending and the way it impacts others.  That is a critical step on the way to rehabilitation.”

Geason J also sentenced the applicant in respect of the burglary, stealing and firearm matters. At that time His Honour noted that whilst the applicant’s efforts toward rehabilitation were evident these were historical matters which predated that changed attitude which the applicant had to resolve before moving forward with his aim for reform.

The applicant’s focus on rehabilitation and change has been reflected in the way he has conducted himself during his sentence.  He has received positive case notes, worked as an assistant event coordinator, and undertaken the equips addiction group program.  The exit report from the program described the applicant has having “…developed insightful and details SMP’s which express a sincere determination in continuing to work toward positive change and challenge his pre-existing behaviours and attitudes in relation to drug use, thus minimising his recidivism.”

The applicant has the support and assistance of the Salvation Army Beyond the Wire Program to assist him reintegrate once returned to the community.

Community Corrections have assessed the applicant as suitable for a parole order and his proposed address is also suitable for him.

The Board’s determination

Parole is approved

Paroled from  24 June 2021 - 24 December 2022