Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Brodie Leigh Challis

28 May 2021

Reasons for Decision

The Background

Brodie Leigh Challis (‘the applicant’) is currently serving a term of imprisonment of 12 months with a non-parole period of 6 months, imposed upon conviction on several charges of burglary, stealing and a range of driving related offences.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 1 June 2021.

The applicant appeared before the Board in respect of his application at the hearing on 28 May 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.

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 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 punish for the criminal wrongdoing.

Consideration

This applicant is a relatively young man who has a significant history of similar offending including dishonesty and violence offences, and more recently family violence offending.

By the applicant’s own admission in his application and on interview before the Board, his offending has been linked to his abuse of illicit drugs, commencing with the use of cannabis in his early teens followed by regular methamphetamine use by the age of 18.  Information provided suggests that applicant’s exposure to family violence in the home had a detrimental impact on the applicant, leading to significant mental health issues, including diagnosed PTSD, anxiety, and depression.  The applicant reports that he used drugs to self-medicate as he did not know how to manage his mental health issues more appropriately.

Despite his history of similar offending, the applicant’s current incarceration is only the second custodial sentence served.  While initially a minimum-security prisoner, on recent review the applicant was regressed in his classification to medium based on negative case notes and an internal offence in January 2021.

While housed in minimum security, the applicant did seek to engage in therapeutic intervention, including the Gottawanna program, but has not commenced due to the change in his security rating.

Information provided to the Board suggests the applicant has some prospects of rehabilitation and the ability to comply with the conditions of parole order.  The applicant was subject to a drug treatment order in 2017 and reportedly engaged well, completing the EQUIPS Addiction program and commencing the suboxone program. He also engaged briefly in therapeutic intervention relating to his drug use in 2019 and 2020.  Unfortunately, on each occasion, after completing the programs, the applicant relapsed into drug use.

At his attendance at the hearing before the Board, the applicant’s ability to comply with the strict conditions of parole was explored.  The applicant acknowledged his previous relapses had led to his current incarceration and loss of contact with family. However, he reported he has good family and counselling support to assist him to manage his mental health issues, and appeared motivated not to return to past behaviour stating “I don’t want to let myself or my family down”.

Accommodation nominated by the applicant has been assessed as suitable and supportive.

Community Corrections has assessed the applicant as requiring a high level of intervention due to his previous non-compliance, drug use and re-offending.  However, they note the applicant’s previous compliance with the Drug Treatment Order suggests he is able to respond well to an order with strict boundaries and high level monitoring and support, and accordingly support his application for parole.

It has been recommended the applicant be directed to appropriate therapeutic interventions to assist in management of identified risks regarding his drug use and mental health. Additionally, the existence of pro-social family support and the applicant’s expressed motivation for change suggest there is potential for the applicant to be successful in complying with the strict conditions of a parole order and Board is willing to grant the opportunity for parole.

The Board’s determination

Parole Granted

Special Conditions

• To obtain and comply with a mental health care plan
• To participate in and complete the FVOIP program

Paroled from 7 June 2021 - 6 January 2022