Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Michael Lyndon Dennison

17 September 2021

Reasons for Decision

The Background:

Michael Lyndon Dennison (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for aggravated armed robberies, unlawfully set fire to property, assaults, unlawfully injuring property, threaten, resist, and assault a public officer. The applicant’s sentence has been increased by the revocation of two parole periods.

The applicant became eligible to be considered for a parole order on the 22/01/2021.

The applicant’s application for parole came before the Board initially in May 2021.  At that and on a subsequent occasion it was adjourned to await the resolution of matters before the Supreme Court.  The application was ultimately heard by the Board on the 17^th of September.  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 has a lengthy criminal history particularly for matters of violence and dishonesty.  A significant portion of his life has been spent incarcerated and he is somewhat institutionalised as a result.  He is housed in maximum security at the prison and has had mixed reports as to his behaviour.  His bookings in January and August of 2021 for using abusive and threatening language to a custodial officer reflect this.

The applicant, however, asserts an intention to reform. Since the revocation of his last parole order, he has completed the Resilience program and engaged in alcohol and drug counselling.   This will assist to provide him with the tools to remain drug abstinent and not offend. Nevertheless, the applicant’s behaviours are longstanding and entrenched.  He has been given the opportunity of parole in the past but has been unable to complete those periods by sustaining compliance with his parole conditions.

What is clear is that the applicant requires considerable support to meet his goals of pro social change and living drug free.  If he were to be given a parole period, we are informed by Community Corrections that the applicant will have better access to treatment services and environmental conditions which are “more conducive to recovery”.  He has also arranged to continue with drug and alcohol counselling and treatment in the community setting.  He has suitable accommodation available to him.

The applicant has future plans that involve him remaining in the community.  He understands that this requires that he complies with parole conditions having the past experience of his parole being revoked and his sentence lengthened as a result.  He is focused on his health and fitness and is motivated particularly by his mother. He has made arrangements to engage in treatment directed toward his past drug dependence.  He presents as clear headed and determined and has been assessed by Community Corrections as suitable for a parole period.  The Board believe that there exist protective factors which reduce the risk of the applicant offending on parole including the supervision he will receive, his willingness and preparation to engage in ongoing treatment for his drug dependency and his motivation to succeed.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring
• Not to associate with certain named groups and persons
• No contact directly or indirectly with named victims to his offending

Paroled from 28 September 2021 - 6 December 2026