Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Dion James Cragg

26 November 2021

Reasons for Decision

The Background:

Dion James CRAGG (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Robbery and Attempting Computer Related Fraud.

The applicant became eligible to be considered for a parole order on the 25/10/2021.

The applicant appeared before the Parole Board at its hearing on the 26/11/2021.  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 of 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 is approaching his mid forties.  He has a lengthy history of offending dating back to when he was 18 years of age.  The applicant has effectively lived an anti social lifestyle since then.  His offending includes matters of dishonesty and violence.  He has also breached suspended sentences and failed to comply with community supervision including by offending in the past.

Whilst the applicant has been described as a positive inmate, classified minimum and working as a general hand in the kitchen there have been occasions where he has breached regulations.  In June of 2021 he was found to be drunk, in April 2021 he had possession of a television which was not authorised and earlier that month was booked for having obtained a tattoo.  He has, however, been able to demonstrate compliant behaviour over the past 7months since his most recent breach.

The applicant has undertaken the Gottawanna Program whilst in custody.  The report from that program describes the applicant as having used his time to reflect on his past behaviour and the negative impact this, and his use of drugs and alcohol, have had upon his life.  He describes himself as motivated to improve his life so that he may have some positive influence on the lives of his children.

Were he to be released on a parole order the applicant has secured placement in supported accommodation and has been accepted into the Richmond Fellowship Mental Health Homelessness Outreach and the Salvation Army Support Programs.  Community Corrections have assessed the applicant as suitable for supervision under a Parole Order.  With the availability of supported accommodation and services to the applicant the provision to him of a parole order provides him the opportunity to make use of these supports to turn his life around.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan

Paroled from 6 December 2021 - 23 July 2022