Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mark Ronald Campbell

11 June 2021

Reasons for Decision

The Background:

Mark Ronald CAMPBELL (“the applicant”) is serving a sentence of imprisonment of 68 weeks imposed upon his conviction for Breach of bail, Burglary x7, Stealing x12, Attempted Stealing, Fail to Appear, Possess an implement or instrument with intent to commit a crime or an offence, Possess thing used for administration of controlled drug, Breach of bail conditions x2.

The applicant became eligible to be considered for a parole order on the 20^th of April 2021.

The applicant appeared before the Parole Board at its hearing on 28^th of May 2021 however the matter had to be adjourned due to the absence of suitable accommodation at that time.  Subsequently that matter was brought back before the Board and heard on the 11^th of June 2021 when suitable accommodation became available.  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’s past criminal history reflects a long cycle of offending and anti-social behaviour. This cycle has been contributed to if not perpetuated by the applicant’s drug addiction with the applicant reporting that he often stole to finance his drug use.

There have been past attempts to address the issue of drug use with the applicant being placed on a drug treatment order in 2020 however he was unable to comply with the conditions of that order by continuing to use illicit substances, he engaged in offending also during the term of the order and ultimately the order was cancelled.

The applicant has, however, been able to demonstrate good compliance with the prison rules and regulations.  He is classified minimum security, has positive case notes, engaged in employment as a senior hand in woodwork and not engaged in internal offending behaviour.

Unfortunately given most likely resource issues and the short term of the applicant’s sentence he has not been able to access drug and alcohol counselling whilst in the prison environment.  Access to programs may well be facilitated by the applicant’s return to the community under a parole order.

The assessment of Community Corrections is that the applicant would be suitable for a parole order. It is noted that the applicant has been able to sustain compliant behaviour whilst in custody.

Suitable accommodation exists for the application to be paroled to.]

The applicant at the hearing before the Board indicated that he was particularly motivated to reform by his 16-year-old daughter.  He reflected that if he was unable to remain drug free and live a pro social lifestyle she will “give up on me”.  The applicant has solid plans for his release including engagement with the Matrix Program, drug and alcohol counselling and obtain a sponsor.  On this basis the Board accept that the applicant wishes to change his life, understands to do so he must not slide back to drug use and that he has put in place significant supports which together with parole supervision may assist him achieve this goal.

The Board’s determination

Parole is approved

Paroled from 22 June 2021 - 14 December 2021