Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Reginald Thomas Collins

15 October 2021

Reasons for Decision

The Background:

Reginald John COLLINS (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Trafficking in Controlled Substance & Dealing with Proceeds of Crime and the activation of a suspended sentence.

The applicant became eligible to be considered for a parole order on the 28/10/2021.

The applicant appeared before the Parole Board at its hearing on the 15^th of October 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’s offending involved his participation in the selling of ice over an approximate 9month period.  The applicant was aged 78 years at the time of his offending.  He had minimal criminal record however had previously been subject to a period of incarceration following his conviction on a number of driving offences when he was in his 60’s.  His engagement in the enterprise came about initially as a result of the influence of a young relative who had a drug dependency.  As it continued, he became motivated by the profits he achieved which he used primarily to fund his alcohol and tobacco use. During his time in prison the applicant has been subjected to an enforced abstinence from alcohol and tobacco and as a result feels the healthiest he has for a long time and intends to continue to be free of alcohol and tobacco use upon his return to the community.

Perhaps atypically the applicant has come to significant offending and episodes of imprisonment in the twilight years of his life.  Nevertheless, he impresses as a man who recognises that he has done the wrong thing and is steadfast in his conviction that this behaviour will not recur.

He has displayed compliant and good behaviour whilst serving his sentence.  He is classified as requiring minimum security and described as an elderly man who is set in his ways, doesn’t cause issues and adjusting to his imprisonment by taking each day at a time.

Suitable accommodation is available for him upon release with his partner and the applicant has been identified as suitable for a parole order by Community Corrections.  The challenge for the applicant will be to abstain from alcohol use particularly  noting that it will constitute a breach of his order were he to drink alcohol.

The Board’s determination:

Parole is approved

Special conditions applied:

• Not to contact directly or indirectly with curtain named persons

Paroled from 28 October 2021 - 28 September 2022