Freeman, Shelly May
Parole Board Decision
In the Matter of Corrections Act 1997
and
In the Matter of an application for Parole by Shelly May Freeman
26 February 2021
Reasons for Decision
The Background
Shelly May Freeman (“the applicant”) is currently serving a sentence of imprisonment of 3 years and 6 months with a non-parole period of 1 year and 9 months imposed upon her conviction for matters of aggravated armed robbery, aggravated burglary and stealing.
The applicant became eligible for consideration for a parole order on 5 March 2021.
The applicant appeared before the Parole Board at its hearing on 26 February 2021. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself available for questioning by the Board.
A pre-parole report prepared on behalf the Board was read to the applicant prior to her appearance at the hearing.
Registered Victims
Yes
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.”
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 in the company of two other women broke into and stole from premises owned and occupied by an elderly man. The victim was known to the applicant, she having grown up in the same area as he resided. The experience was no doubt a terrifying one for the victim having been awoken in the middle of the night by the presence of the three women in his bedroom two of whom held improvised weapons namely a hammer and bat, being threatened and ultimately assaulted.
The offending was somewhat out of character for the applicant. Whilst she did have a criminal history those matters for which she had in the past come before the Courts involved primarily driving and drug matters. That criminal history also resulted in the applicant coming under the supervision of Community Corrections, in the past, on Probation Orders. Her compliance with those orders, both in 2018, is described as “sporadic” and her engagement “superficial”. Indeed, the offences for which she is currently imprisoned were committed by her whilst under a Probation Order. In addition to the Probation Orders the applicant has also been under community service orders which she completed successfully.
Whilst serving her custodial term the applicant has achieved and maintained a minimum-security rating and been housed at the Vanessa Goodwin Units. Her case notes are all positive and her engagement in her sentence planning has been described as “mature”. Indeed, the manner in which she has served her sentence stands to her significant credit. She has maintained employment as a cleaner to a high standard, is described as a good communicator with staff and as always polite and respectful. In addition, she has engaged well with therapeutic opportunities successfully completing a resilience program and accessing drug and alcohol counselling. She has also taken the opportunity to access several vocational courses including the responsible service of alcohol, certificate III in cleaning, a white card, and literacy work.
Accommodation that is suitable and supportive is available to the applicant during a parole period. The applicant also has the benefit of having been accepted into the Beyond the Wire Program which will be a source of support for her upon release.
Risk factors for the applicant upon return to the community include a relapse to drug use and engagement in dysfunctional and pro criminal relationships. Regaining and maintaining a loving and supportive relationship with her children is a significant motivation for the applicant to maintain a pro social lifestyle upon release.
Community Corrections have assessed the applicant as suitable for supervision under a parole order.
In balancing all matters it is considered by the Board that the application for a parole order ought to be granted.
The Board’s determination
Parole is approved.
Special conditions applied
- Not to contact directly or indirectly the victim;
- Not to enter Fingal;
- To obtain and comply with a mental health care plan;
- Not associate with her co accused’s.
Paroled from 10 March 2021 - 5 December 2022