Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Sean Timothy Hudson

1 October 2021

Reasons for Decision

The Background:

The applicant is currently serving a sentence of imprisonment of 7.5 years with a non-parole period of 5.5 years imposed upon his conviction for the charges of accessory after the fact to murder and assault.

The applicant has had the benefit of previous parole orders in 2017 and 2018, both of which were revoked after 12 months due to non-compliance and new offending in the case of the 2018 parole order. The applicant again applied for parole and appeared before the Board at its hearing on 20 March 2020, at which time the application was adjourned due to lack of suitable accommodation and outstanding court matters.

The application was adjourned on two further occasions, at the Board’s meeting on 16 April 2021 when reports requested were not available, and at the meeting of 11 June 2021 when the applicant notified the Board he did not wish to attend.

The applicant ultimately appeared before the Board in respect of the current application at the hearing on 1 October 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: -

• 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

The applicant is serving a sentence of imprisonment resulting from his involvement in what was described by the Court at the time of sentencing as a “shocking and callous indifference to the death of Scott Rock”. The applicant’s conviction as an “accessory after the fact of murder” arose from the applicant’s failure to obtain assistance and leaving the victim to die on a roadway after an initial assault by the applicant, then a subsequent fatal attack by a co-offender, before both men returned to move the victim’s body to dispose of it.

The applicant has a criminal history of some matters of violence, including grievous bodily harm, wounding and aggravated robbery and has been sentenced to terms of imprisonment relating to his prior offending.

Unsurprisingly a contributing factor to his offending has been the applicant’s abuse of alcohol and illicit drugs. The applicant’s childhood was characterised by a culture of alcohol abuse within his family, and it is reported the applicant consumed alcohol in his late teens, progressed to heavy abuse for much of his life and commenced use of illicit drugs during a prior term of imprisonment, using amphetamines for ten years.

The applicant has a poor history of compliance in relation to community supervision, having been subject to supervised probation, Community Service Order and previous periods of parole relating to prior offending. The applicant reported poor mental health and mood instability as playing a significant role in his inability to be successful on prior supervision periods and reportedly recognises the need to engage with treatment to address these issues.

Regarding this current sentence, the applicant was first released to parole on 6 February 2017. The parole order was revoked on 27 April 2018 due to several breaches of the order, including failure to present for curfew and positive breathalyser tests. The parole order was suspended on two occasions prior to revocation. Following a new application, the applicant was again granted parole from 23 July 2018. The Board issued a warrant in July 2019 in response to alleged further offending and the applicant absconding from his approved address. The applicant was ultimately arrested, and his parole revoked in November 2019.

Since his return to custody however, the applicant has demonstrated an ability to comply with prison rules, having no record of internal offending in the past 12 months. Notably, the applicant has also recently attained minimum classification, is employed as a senior hand in the woodwork paint workshop and is in the process of training another inmate to assist him in his role. Case notes reflect positive behaviour and report the applicant remains focused on his work, attending all scheduled appointments and maintaining a regular fitness regime.

Despite his poor history of compliance with community supervision, it is reported the applicant has in the past engaged in drug and alcohol rehabilitation, and whilst on parole prior to revocation in 2019, had made positive pro-social progress having gained full-time employment and maintaining independent accommodation.

While the applicant has not completed any therapeutic programs since his return to custody in 2019, the applicant has previously completed the Apsley program while incarcerated. The applicant has more recently been working with Beyond the Wire and the Salvation Army Bridge program with a view to engaging in appropriate alcohol and drug support if released into the community.

The applicant has struggled to obtain suitable accommodation to facilitate any release to parole on his current application and Community Corrections has previously assessed the applicant as unsuitable for parole in the absence of stable and sustainable accommodation. The applicant has now been able to secure independent and suitable accommodation through his engagement with Beyond the Wire.

At interview by the Board, the applicant acknowledged his past inability to comply with parole. He outlined the range of important supports he now has in place and expressed a motivation to build on previous pro-social progress and return to employment, stable housing and continue to “work on himself”.

Community Corrections continue to assess the applicant as a high-risk offender with a clear need for high level support whilst in the community. The need to provide additional supervision had been highlighted to support the applicant’s compliance with parole conditions and it has been recommended he be fitted with an electronic monitoring device if released to parole.

On balancing all factors, the Board is satisfied that while the applicant remains at high risk given his past non-compliance, there exist sufficient safeguards and supports in place to appropriately manage those risks and give the applicant the best opportunity to succeed on parole.

The Board’s determination

Parole is granted

Additional Special Conditions

• the applicant not remain at, or attend a specified address
• the applicant not approach a named registered victim either directly or indirectly
• the applicant be subject to electronic monitoring

Paroled from 12 October 2021 - 11 June 2022