Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mathew Leigh Coates

16 April 2021

Reasons for Decision

The Background

Mr Coates (“the applicant”) is currently serving a sentence of imprisonment of 16 months imposed upon his conviction for a multitude of matters including stealing, assaults, driving unlicenced and unregistered with a prescribed drug present in his blood, breaches of bail, possession of a controlled plant and stolen property.

The applicant became eligible for consideration for a parole order on the 23^rd of April 2021.

The applicant appeared before the Parole Board on the 16^th of April 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.

Registered Victims

No

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 been afforded the opportunity of a parole order.  That order was granted in 2017 and during its duration the applicant was compliant with the exception of a short suspension of the order due to the applicant failing a urinary drug screen.  The applicant told the Board that he was able to remain drug free following the finalisation of the order in 2018 to the end of 2019 and in that period obtained an apprenticeship.  Sadly all his hard work was undone when the applicant reverted back to drug use and offending.  He attributes the relapse to a relationship breakdown which in turn led to him reconnecting with his former associates and engaging in methamphetamine use.

The applicant has a prior criminal record which appears reflective of his struggle with drug addiction. He was under a Drug Treatment Order in 2020 which was cancelled due to his ongoing drug use and new offending, specifically a conviction for perverting the course of justice by use of a fake penis and bladder in an attempt to circumvent his drug screening through urinalysis.

The applicant has attained a medium low security rating whilst serving his custodial sentence with his case notes reflecting positively on his conduct and behaviour.  Whilst there have been some instances of rule infractions by the applicant, there have been none since September 2020 reflecting a significant alteration in his behaviour.

The applicant has attempted to use his time in custody to access therapeutic and vocational inputs which will assist him upon his release, completing barista and white card courses, however, he remains on the waiting list for drug and alcohol counselling. He has the tools to assist him remain drug abstinent as demonstrated by his actions following the completion of his last parole order and appreciates the importance of maintaining separation from his associates that remain engaging in the drug using and offending lifestlyle.

The applicant appreciates that he has significant opportunities available to him if he can maintain his sobriety including the possible resumption of his apprenticeship and the support of his family.

The applicant has been assessed by Community Corrections as suitable for a parole order.

The applicant presented well before the Board.  He was able to clearly articulate his desire for a drug and offence free future, to resume his work and his regret at his past relapse.  He has good support available to him in the community. Whilst his most recent performance on the Drug Treatment Order is a significant concern, there appears currently sufficient motivation and insight in the applicant to justify a further effort at parole.

The Board’s determination

Parole is approved.

Special conditions applied

• To obtain and comply with a mental health care plan
• To not contact certain named person

Paroled from 26 April 2021 - 23 November 2021