Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Aydain Kane House

28 May 2021

Reasons for Decision

The Background:

Aydain Kane House (“the Applicant”) is currently serving a sentence of imprisonment of 3 years and 1 month, with a non-parole period of 1 year and nine months, imposed upon conviction on charges of aggravated burglary, burglary stealing, motor vehicle stealing and computer related fraud.

Parole Eligibility Date

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

The applicant appeared before the Board in respect of his application at the hearing on 28 May 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: -

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 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 has an extensive history of similar offending, both as a youth and adult.  The numerous dishonesty offences for which the applicant is currently incarcerated occurred over several months in late 2019.

A contributing factor to and acknowledged by the applicant as the basis for continued offending is his abuse of and addiction to illicit drugs. The applicant commenced using cannabis in his early teens, but reports he quickly became addicted to methamphetamine and ICE and opiates once introduced to these drugs and now describes opiates as his primary drug of concern.

The applicant has attempted to address his drug addiction in the past, being involved in the suboxone program in the community and engaging in counselling during various periods of incarceration, including his current sentence. The applicant completed the Apsley Program while in prison in 2018, and reportedly engaged well.

During this custodial sentence, the applicant has continued with drug and alcohol counselling and reportedly has been able to identify the impact his drug use and criminal conduct has had on his health, personal situation and on his family and broader community.

At the hearing of his application before the Board, the applicant reiterated comments made in his application that he had recently commenced on the Buvidal program in prison to address his opiate addiction, which had significantly changed things for him.  It has enabled him to remain stable and recommence contact with supportive family members, including his own children.

The applicant is currently classified medium security and is employed in the prison laundry which he reports is a privileged position. All case notes relating to his work performance are very positive.  While case notes record a recent internal offence, which led to regression in his security classification, the applicant continued to maintain his employment position.

The applicant does have prospects for rehabilitation. He has demonstrated motivation for change having independently contacted several external support services, in particular the Salvation Army Bridge program which he has been assessed as suitable to attend on release.

Accommodation nominated by the applicant has been assessed as pro-social and supportive and close to his children which will enable him to build on the relationships with them on release.

The Pre-Parole report prepared notes the applicant has been assessed as requiring a high level of intervention given his substance abuse and history of relapse despite engagement with support services. However, Community Corrections note the applicant has recently taken significant steps to address his substance abuse issues and achieve parole.  His independent contact with services and willingness to attend alcohol and drug counselling, employment programs and engage with psychological services are factors which has led Community Corrections to assess the applicant as suitable for parole.

The Board agrees with this assessment. The existence of community supports combined with the apparent stable and pro-social circumstances of a supportive family are protective factors that will assist the applicant to manage the risks associated with relapse and comply with the strict conditions of parole.

The Board’s determination

Parole Granted

Special Conditions

N/A

Paroled from  7 June 2021 - 3 December 2022