Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Steven John Henderson

9 July 2021

Reasons for Decision

Offences and Conviction

Steven John Henderson (‘the applicant’) is currently serving a cumulative sentence of 19 months, with a total non-parole period of 9 months and 15 days imposed upon his conviction for charges of robbery, stealing, aggravated burglary and possession of stolen property.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 15 July 2021.

The applicant appeared before the Board in respect of his application at the hearing on 9 July 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.

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: -

• The application;
• Comments on passing sentence;
• Papers provided by the Director of Public Prosecutions;
• Prison summary;
• Record of prior convictions
• Prison episode summary report;
• Pre-parole report;
• 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

This applicant has a long record for offences of dishonesty and violence, and has served custodial sentences in the past, including in 2014 and 2015. Most recently in 2016 the applicant was sentenced to a 9-month term of imprisonment which was wholly suspended, completed by the applicant without further offending until his current offence. The current offending involved the robbery of a jewellery store in an apparent effort to secure an item of value rather than specifically to fund the purchase of drugs.

As noted by Pearce J in comments on passing sentence, the applicant’s offending appears inextricably linked to difficulties with mental health associated with abuse of illicit substances, with the applicant having been an inpatient at various mental health facilities over his life.  Information suggests the applicant has suffered from drug induced psychosis and anxiety since he was a teenager and has been diagnosed with polysubstance abuse disorder, relating to his use of cannabis, morphine, and amphetamine derivatives.

The applicant’s successful adherence to the conditions of a suspended sentence and moderate gap in offending, in addition with moderate engagement with previous probation and community-based orders suggest the applicant is capable of rehabilitation.

This potential is supported by his compliant behaviour during his current custodial sentence. He has no record of internal offending in the 12 months preceding his application, has attained a minimum-security classification and is accommodated within the minimum-security prison. He is also employed as a general hand in the prison kitchen.

Although during his current custodial sentence, the applicant has not engaged in any therapeutic intervention, his mental health appears to have stabilised, which the applicant reportedly attributes to abstinence from illicit drugs and an effective prescribed medication. Information provided regarding the applicant’s history of psychiatric intervention and treatment supports this, revealing a consistent diagnosis of schizophrenia, but also confirmation that the applicant’s condition is improved following abstinence from psychoactive substances and compliance with treatment and medication.

In his application and at interview by the Board, the applicant expressed remorse and acknowledged his offending has affected his relationships, and he wanted to repair those relationships and try to become an active, effective member of the community.

The applicant does have family support and has maintained contact during his incarceration with his most recent partner and his teenage daughter from a previous relationship.  The accommodation nominated by the applicant has been assessed as suitable and supportive.

The applicant has been assessed as requiring a high level of intervention by Community Corrections due to his current and previous offending including offences posing significant risk to community safety.  However, the applicant’s positive response to recent supervision and his good behaviour during his custodial sentence suggest he has the ability to comply with and complete a parole order.  Highlighting that the applicant’s substance misuse and resultant impact on his mental health have been notable factors in his offending, Community Corrections confirm his abstinence from illicit drugs and compliance with prescribed medication will be important factors in this regard.

On balance, as the applicant’s mental health appears to be stable, he has demonstrated compliance both in a community and custodial sentence, and he appears to have good family support, the Board has assessed the applicant as suitable to be granted the opportunity for parole.

It will be important for the applicant to remain compliant with his medication regime and engage with appropriate psychological and counselling supports to assist him to adhere to the strict conditions of a parole order.

The Board’s determination

Parole Granted

Special Conditions

• Must be attend a General Practitioner to be assessed for a mental health plan and attend psychological counselling as recommended by the plan

Paroled from 19 July 2021 - 30 April 2022