Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Kayla Maree Hunter

15 October 2021

Reasons for Decision

The Background:

Kayla Maree HUNTER (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for multiple driving offences, including drive whilst disqualified and evade police and drug matters.

The applicant became eligible to be considered for a parole order on the 26/10/2021.

The applicant appeared before the Parole Board at its hearing on the 15^th of October 2021.  On that occasion the applicant was present at the hearing and was invited to provide any information she 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 engaged in offending behaviour since 2011.  That behaviour has principally involved offences for dishonesty, driving and drug use.  However between 2015 and 2017 the applicant was able to maintain a period of compliant behaviour.  This period of compliance came following the applicant’s successful completion of a drug treatment order.  She was able to maintain abstinence for a three-and-a-half-year period, relapsing unfortunately as a result of external stressors dissipating her resolve.  The fact that she has for an extended period been able to leave a drug free and pro social lifestyle is highly suggestive of her capacity to do so again.

Contributory to the applicant’s offending behaviour is her drug use.  She has an addiction to ice.  The applicant has sought assistance with respect to this addiction understanding not only the harm it causes her but also the disruption is has wrought on her family relationships including with her children.  She has undergone alcohol and drug counselling and Didactic Behavioural Therapy in addition to vocational courses including obtaining her white card.

The applicant has demonstrated compliant and positive behaviour whilst in custody.  She has a minimum classification, positive case notes both in respect of her behaviour generally and in the context of her employment as a general hand in the laundry.

Suitable accommodation is available for the applicant upon release under a parole order.  That accommodation is described as offering her a pro social environment, adequate space, and a venue in which she can reconnect with her children.

The applicant identifies her risk factors as reconnecting with anti-social associates and identifies the good family support that she has in the community as a protective factor against engaging in criminal behaviour and drug use.

The applicant is appropriate for a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• To obtain and comply with mental health care plan

Paroled from 26 October 2021 - 2 June 2022