Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Angus James Ford

29 January 2021

Reasons for Decision

The Background:

Angus James Ford (“the applicant”) is currently serving a sentence of imprisonment of 14 months with a non-parole period of 7 months imposed upon his conviction for matters of aggravated robbery.

The applicant became eligible for consideration for a parole order on 11 February 2021.

The applicant appeared before the Parole Board at its hearing on 29 January 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 registered victims

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 record and has had engagement with Community Corrections and Youth Justice in the past having been afforded the opportunity of community supervision/sentencing.  His engagement with past Youth Justice, Community Service and Probation orders has been reasonable.  This is his first sentence of imprisonment.

In this instance the applicant’s offending occurred in concert with his brother and was the product, at least in part, of the brothers’ addiction to and use of illicit substances.  Perhaps also contributory to the offending behaviour was the applicant’s associates who were leading an anti-social lifestyle.

To improve his lifestyle and prospects and to also reduce the risk of recidivist behaviour the applicant has, from the time of his arrest for this crime, been determined to cease his drug dependency.  This determination was noted at the time of his sentencing with the Court observing that the applicant’s weight had increased from 51kg at arrest to 73kg in the month prior to his sentencing, the weight gain being reflective of his cessation of drug use.

The applicant’s determination has continued post sentencing whilst he has served his custodial term. He has been classified as requiring minimum security and is described in his case notes as consistently positive in his interactions.  He has maintained employment as a general hand in the kitchen store.  He remains, however, on the waiting list to participate in training opportunities.

The applicant’s decision to battle his drug dependency is shared by his brother and it appears that they are supportive of each other’s efforts in this regard.  Accommodation is available for the applicant which has been assessed as suitable and his co-residents as motivated to assist him on his release.

The assessment of Community Corrections is that the applicant is suitable for release on a parole order with the emphasis of supervision being on supporting the applicant’s ongoing drug abstinence.

This is the applicant’s first custodial sentence which he describes in his application for parole as a “wake up call”.  He has insight into the destructive influence drug use has had upon his lifestyle and his personality.  He recognises that he needs to remain drug free to maintain his health and his relationships.  He has distanced himself from those former associates who engage in drug use and crime. He has pro social support on his return to the community.  The Board recognises that his risk of reengaging in criminal behaviour is significantly reduced if he can maintain the sobriety he has demonstrated since his arrest. Supervision on a parole order will provide him with post release assistance in this area.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order.

Paroled from 11 February 2021 - 11 September 2021