Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Casey Richard Cowen

14 May 2021

Reasons for Decision

The Background:

Casey Richard Cowen (“the applicant”) is serving a sentence of imprisonment of 5 years and 6 months imposed upon his conviction for Aggravated Burglary, Aggravated Armed Robbery and Unlawfully Setting Fire to Property.

The applicant became eligible to be considered for a parole order on the 26^th of May 2021.

The applicant appeared before the Parole Board at its hearing  the 14^th of May 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 was undertaken on one night, involving two victims who were resident of the home he invaded, and was executed in concert with two other offenders. The events no doubt were terrifying for the father and daughter residents who were confronted by the sudden presence of the offenders in their home, in the middle of the night brandishing weapons.  The aim of the offenders was to steal drugs and the offences were committed whilst the offenders where also under the influence of drugs and alcohol.  The commission of the offences occurred over a protracted period in which the victims were menaced and threatened.

The applicant has a lengthy criminal history which, considering his age, cannot now be explained away by immaturity.  He has engaged in crimes of violence and dishonesty and been non-compliant with past efforts of community supervision by way of community service orders.

The applicant has also engaged in offending against custodial regulations whilst serving his sentence however it ought to be noted that most of that offending occurred in late 2018, a significant time ago.  The exception to this is an offence in January 2021 where the applicant, whilst on s42 leave outside the prison, breached a condition of that leave.

Despite the significant prior record of offending, the contribution to that by the applicant’s substance abuse and dependency and the previous failure on community service orders there is prospect for change.

The applicant demonstrated good compliance whilst under a recent probation order.  He achieved a medium classification within the prison during his current period of detention and has discharged to good reports the duties of his position of employment as a peer support worker.  The applicant has also completed the equips foundation course and has engaged in further vocational activities.

There has been a period where the applicant has not engaged in an anti-social lifestyle or offended when in the community which coincided with his obtaining work within the fishing industry, something in which he took great pride.  His unravelling and return to crime and prison has been significantly contributed to by his drug dependency.

At the time of his sentencing in respect of these matters Porter J noted that

“…in December 2017 the defendant was able to defeat his addiction to ice.  He was on bail for some period of time before the trail of these matters, and I am told he has been drug and alcohol free.  Despite his difficulties through adolescence and adulthood, he has maintained regular em0ployment in the fish processing industry.”

Suitable accommodation is available to the applicant if paroled and he has organised and will receive the significant support of SETAC.

The applicant professes a motivation to change his life, become abstinent of illicit drug use and not commit crime.  He has recognised that this undertaking will require him to divorce himself from unhelpful past associates and become more assertive rather that to “go with the flow” as he described to the facilitators of the equips foundation course.  As part of this he has learnt and utilises mindfulness techniques.

The applicant has demonstrated a capacity to achieve abstinence and compliance with the rule of law within our community.

The applicant’s endeavour to return to the community, engage in employment and not return to drug use can be assisted by a period of supervision afforded by a parole order.

The Board’s determination

Parole is approved

Special conditions applied

• Electronic monitoring
• No contact with the victims
• To obtain mental health care plan

Paroled from 26 May 2021 - 26 February 2024