Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Gemma Elizabeth Clark

6 August 2021

Reasons for Decision

The Background:

Gemma Elizabeth CLARK (“the applicant”) is serving a sentence of imprisonment of 5 ½ years imposed upon her conviction for being an accessory after the fact to murder & failing to report a killing.

The applicant became eligible to be considered for a parole order on the 17/08/2021.

The applicant appeared before the Parole Board at its hearing on the 6^th of August 2021. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself available for questioning by the Board.

A pre-parole report prepared on behalf the Board was read to the applicant prior to her 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

This is the applicant’s first custodial sentence.  Indeed, she had no criminal history prior to committing these offences.

The offending occurred in the context of a relationship between the applicant and her co offender. They were partners, engaged to be married and were living together at the time of the crime.  Their home was the scene of the murder, by her then partner, of his former friend.  That murder occurred in the spare bedroom of the home.   Whilst it was occurring the applicant was present in a different room of the home where she had been told to go and remain by her partner. Whilst in that room she could hear enough to understand that the victim had been killed by her partner.  It was not suggested that she had any knowledge prior that this would occur.

The involvement of the applicant in these terrible events was to assist her partner’s efforts to conceal the crime including, most significantly, by failing to inform the police and assisting to dispose of the body of the victim.

These actions were horrendous and demonstrate a substantial failing in the character and judgement of the applicant.  The crime has understandably had a significant impact on the family and friends of the victim.  A young man has cruelly and needlessly had his life taken from him.  The actions in disposing of the body parts of the victim, an action in which the applicant assisted, has added to the pain and anguish experienced by the victim’s loved ones.

Ultimately it was, however, the applicant, who led the police to the place where part of the body had been disposed of.

The applicant’s behaviour whilst in custody has been extremely positive and complaint.  She is a minimum-security prisoner.  She has good case notes recording her positive engagement with staff.  She has worked and is currently employed as a leading hand in the kitchen.  In that capacity she has been described as punctual, hardworking, and as completing her work to a high standard.  This employment has also led to the applicant being trusted to work within the community in a church environment serving coffee on weekends.

By reason of her application and good behaviour the applicant has also been designated as a Red Cross peer mentor where she assists, supports, and advises new inmates to the prison environment.

The applicant has had the benefit of resocialisation leave into the community which she completed without incident.

Whilst serving her sentence the applicant has engaged in vocational training undertaking courses in kitchen essentials, barista work, cleaning, and salon assistance.  She has also obtained her white card.

The applicant is future focused and is planning to engage in further education to increase her skill set and employability.  She is aware that by reason of her offending her intended career in teaching will likely no longer be available to her.

Suitable and supportive accommodation is available to the applicant upon her release on parole.

The applicant reflects on her offending with horror and regret.  This is something she will have to live with for the rest of her life. She acknowledges and understands the pain that her actions and that of her then partner caused their victims. If left to her own devices the Board is confident that this is not behaviour in which the applicant would ordinarily have engaged.  The Board find that the applicant does not pose a risk to the public were she to be released on parole.

The Board’s determination

Parole is approved.

Special conditions applied

• To obtain and comply with a mental health care plan
• Not to contact directly or indirectly the victims to the offending

Paroled from 17 August 2021 - 17 February 2024