Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jake Laurence Ford

15 January 2021

Reasons for Decision

Offences and Conviction

Jake Laurence Ford (“the applicant”) is currently serving a sentence of imprisonment of 2 years and 6 months with a non-parole period of 15 months, imposed upon his conviction for aggravated armed robbery.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 3 January 2021.

The applicant appeared before the Board in respect of his application at the hearing on 15 January 2021.

On that occasion the applicant 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 had been 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.”

Documentation

The Board has had regard to the following documents in considering the application: -

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions
6. Prison episode summary report;
7. Pre-parole report;
8. Home assessment.

Parole

The system of parole recognises the capacity of some prisoners for 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 by reducing the risk of reoffending and supervising the reintegration of offenders.

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 and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant was 24 years old at the time of his offence and was involved in a robbery planned with his brother to source drugs from an individual who had previously supplied them.  Both brothers were users of methylamphetamine (ICE) at the time and reportedly had run out of money and drugs.  The incident involved the applicant and his brother using force to demand a quantity of drugs, including the use of a knife by the applicant in a scuffle that broke out during the robbery.

The applicant has some relevant priors, having served time in youth detention in relation to crimes of violence and dishonesty, and subsequent similar offending as a young adult. The applicant reports his offending as a youth was mainly related to alcohol use but the major contributory factor to his later offending was his addiction to ICE.

The applicant does have prospects for rehabilitation, noting that there were periods during his late teens when he was not using illicit drugs and was employed.  The applicant has a partner and two children and although it is reported the applicant’s drug use was the cause of a period of separation from his partner and children, since his incarceration his partner and children have regularly visited the applicant, and his partner and extended family remain supportive.

At the time of sentence in late 2020, his Honour Chief Justice Blow noted as positive that the applicant is now drug free and has been employed since being taken into custody in trusted positions within the prison.

The applicant has recently attained a minimum security classification and is housed in the minimum security prison.  He is employed as a General Hand – Kitchen and all case notes regarding behaviour and work performance are positive.

Although the applicant has not engaged in any therapeutic intervention programs the applicant appears to have made changes to address his criminal behaviour, ceasing use of illicit substances, exercising daily, and focusing on prison employment which has assisted him to remain motivated.

The accommodation nominated by the applicant has been assessed as suitable and supportive.

The applicant has been assessed as requiring a high level of supervision from Community Corrections and is recommended for parole. The applicant appears to have protective factors in relation to his risk of re-offending, with a strong family network who reportedly challenge his pro-criminal behaviour and who assist him to remain motivated to lead a pro-social life. During his interview with the Board, the applicant stated his partner and children are an important influence and motivation to remain drug free, and the applicant appeared genuine in acknowledging the impact of his offending not only on the victim, but also his family.

The Board accepts the recommendation of Community Corrections that the applicant is suitable for parole order, noting that identified risks can be appropriately managed through the applicant’s engagement with the strict conditions of parole, including the requirement that the applicant engage in appropriate support to assist him to maintain abstinence from illicit drugs.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order.

Paroled from 27 January 2021 - 3 April 2022