Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by M A G

12 February 2021

Reasons for Decision

Offences and Conviction

MAG (‘the applicant’) is currently serving a sentence of imprisonment of 5 years with a non-parole period of 3 years imposed upon conviction of the charge of maintaining a sexual relationship with a young person under the age of 17.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 12 February 2021.

The applicant appeared before the Board in respect of his application at the hearing on 12 February 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 Victim

There is a registered victim.

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. Sex Offender Treatment Report
8. Pre-parole report;
9. Home assessment.

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 punish for the criminal wrongdoing.

Consideration

The applicant is serving a sentence of imprisonment for a crime involving a course of sexual abuse involving indecent assaults that occurred over a period of 5 years between 1978 and 1983.  The applicant’s offending behaviour involved a significant breach of trust between the applicant and his victim, who was the applicant’s stepdaughter at the time and later became his adoptive daughter.  The applicant’s offending commenced when the victim was just 6 years old.

The crime, without doubt, has had a lasting and negative influence on the victim’s life into adulthood, reportedly affecting her ability to engage in normal intimate relationships, including with her husband, and requiring ongoing psychological and therapeutic intervention to assist her to cope with the impact on her life.  In considering the application for parole, the Board recognises the significant and longstanding impacts endured by the victim due to the applicant’s offending.

At the time of sentencing, the applicant had no prior history for sexual offending, his previous offending being limited to a handful of traffic infringements.  There was no indication that the applicant had offended since the commission of the crimes over 40 years ago.

The applicant’s background was reportedly troubled, with the separation of his parents and intervention from “welfare” due to his father’s alcohol dependency and violent and aggressive behaviour and strong discipline and lack of maternal affection throughout his childhood.

The applicant in now aged 69. He has been married for 42 years and remains so since being convicted of his historical crime.  His wife was previously married, and the applicant’s victim was one of four children from her previous relationship.  The applicant ultimately adopted all children in addition to having a child of his own with his wife.  The applicant maintains a relationship with his wife and own son, but due to his offending and his wife’s continuing support for him, neither he nor his wife have any contact with his adopted children.

The applicant has served his sentence to date in a compliant manner, having achieved minimum classification and accommodation in the O’Hara Cottages, with no internal offending.  The applicant is gainfully employed in the prison as a “tradesman” including maintenance duties and painting work within the prison facilities. Case notes rate the applicant as “excellent” regarding his employment and general behaviour.

Relevant to the appropriateness of a parole order in this case is whether the applicant has engaged in a sex offender treatment program. Due to the applicant being assessed has having a very low risk of reoffending, the applicant was deemed suitable to engage in individual sex offender treatment rather than completing the New Directions group program.  A report provided to the Board referencing this treatment indicates the applicant acknowledged the consequences of his actions and continually expressed remorse for the impact on his victim and family during the treatment process.

Prior to his incarceration, the applicant was actively involved in his community, with involvement in his local church and participation in pipe bands and musical groups. Several pro-social contacts previously involved with the applicant have provided letters of support regarding the applicant’s return to the local community if granted parole.  While the applicant may be limited in certain interactions and community activities due to the nature of his offending and conditions imposed, the existence of positive support networks is an important factor in assessing suitability for parole.

Accommodation nominated by the applicant to be housed upon his release on a parole order has been assessed as suitable.

Noting the assessment of the applicant as being at a very low risk of re-offending and the existence of protective factors such as continued family and pro-social community support, the Board concurs with the assessment by Community Corrections that the applicant would benefit from the supervision and management of a parole order to assist with his re- integration to life within the community.

The Board’s determination

Parole Granted

Special Conditions

Must not approach or contact the named registered victim.

Must not remain in the presence of any person under the age of 16 years unless a Probation Officer or person nominated by the Probation Officer is present.

Must not loiter without reasonable excuse, or in the vicinity of a school, public toilet or other place in which children are regularly present while children are present.

Must not enter in remunerative or voluntary work with children or at a place used for the education, care or recreation of children or be involved in any social recreational or any other club or associations which children attend.

Paroled from 23 February 2021 - 12 February 2023