Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Benjamin Shay Hosking

30 April 2021

Reasons for Decision

The Background

Benjamin Hosking (“the applicant”) is serving a sentence of imprisonment of 14 months imposed upon his conviction for several matters including family violence order, traffic and bail breaches, assaults, trespass, destroy property and possession of ammunition and a firearm part.

The applicant became eligible to be considered for a parole order on the 7^th of May 2021.

The applicant appeared before the Parole Board at its hearing on the 30^th of April 2020. 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.

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 history of violence particularly in the context of his domestic relationship. Records reveal the applicant to have been accused in the past of choking, kicking, punching, spitting on and head butting his partner.  He has attempted to control his then partner’s behaviour through threats and intimidation.  No person, least of all someone with whom you have entered a relationship, should have to endure such miserable, cowardly, and violent treatment.

A Community Corrections Order made in consequence of the family violence offending was breached with the applicant’s engagement with the order described as being poor and he continued to offend over its duration.

The applicant has a lengthy history of drug abuse.  His drug of concern is primarily methylamphetamine and he has been recalcitrant in the past to undertake efforts to address his use through drug and alcohol counselling.

This all gives rise to significant concern over the suitability of the applicant for a parole order.  There are, however, positive signs of change.  The applicant has achieved a minimum classification and is described in a positive way in his case notes.  He has been the subject of random urinalysis whilst incarcerated with the tests being returned clear of all illicit substances.  He has been employed as a general hand in maintenance to good reports about his attitude and work ethic.  The applicant has been undertaking a course in horticulture and completed the Circle of Security parenting program.

The applicant is particularly motivated by the wish to return into the lives of his children as a positive influence and role model.  He has good family support and prospects for employment upon his release. A referral has also been made for him for ongoing drug and alcohol counselling through the Salvation Army program.

The applicant has affiliation with an outlaw motorcycle group and his success or otherwise on parole will be in part be influenced by his separation from that group. Community Corrections also raise concern regarding the applicant’s suitability for parole given his previous failure to comply with orders.  This was specifically raised with the applicant at the time of his hearing before the Board at which time he argued that his consequent return to prison and the duration of the sentence have been a “wake up call” for him.

The Board is persuaded that the applicant has a genuine motivation to reform his lifestyle and cease his offending behaviour.  He is particularly motivated to return to the lives of his children as a positive influence. He has identified a passion for lawns and building as activities that he can perform that will assist him remain positively engaged and compliant with community expectations.  A parole period will support him with his rehabilitation.

The Board’s determination

Parole is approved.

Special conditions applied

• Order will be for a 12 month duration
• To undertake the family violence intervention program
• Not to associate with any outlaw motorcycle gang

Paroled from 10 May 2021 - 9 May 2022