Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shane Mark Ivey

11 December 2020

Reasons for Decision

Offences and Conviction

Shane Mark Ivey (the applicant) is currently serving a sentence of imprisonment of 5 years and 6 months, with a non-parole period of 2 years and 9 months, imposed upon his conviction on charges of trafficking in a controlled substance, and perverting justice.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 10 January 2021.

The applicant appeared before the Board in respect of his application at the hearing on 11 December 2020

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 are no registered victims.

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 system of parole recognises the capacity of some prisoners for 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 by reducing the risk of reoffending and supervising the reintegration of offenders.

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 and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant’s offending behaviour and sentence relates primarily to his involvement with 2 other individuals in the distribution and sale of methamphetamine into Tasmania.

In comments on passing sentence, his Honour Justice Pearce noted that between March and September 2013, the applicant, along with two co-offenders, “trafficked in crystal methylamphetamine by engaging in the business of the sale of the drug during that seven-month period in a continuous, commercial and systematic way”.

The applicant does have a prior history of offending in Victoria and Tasmania, primarily for offences of dishonesty, but has no prior convictions for similar serious crimes. It is reported the applicant was a user of methylamphetamine at the time of his offending, but Justice Pearce further noted that:

“trafficking of this nature is not explained by addictions. These crimes were motivated by an addiction to gambling”.

The applicant’s background is reported to have been loving and supportive, although his parents separated when he was young, and he lived primarily with his mother. It is reported his offending commenced when he was 16 and was sentenced to a period of youth detention in relation to a serious assault. He has served previous terms of imprisonment relating to his offending, both in Tasmania and interstate.

The applicant has acknowledged a significant gambling addiction to which he attributes much of his criminal history.  The applicant also has a history of substance abuse including methamphetamine and heroin, stating that prior to his current custodial sentence he was using both heroin and methamphetamine daily. Due to his gambling addiction, he owed significant sums of money and saw illicit substance trafficking as means to repay his debts and continue gambling.

During his custodial sentence, the applicant has been housed in both the Maximum and Medium security prison, which has limited his access to therapeutic programs but has recently attained a medium-low security classification and is currently housed in the Ron Barwick Prison facility.  Case notes reflect the applicant’s behaviour has been generally polite and appropriate and the applicant is currently employed as a wardsman.

The applicant does have prospects for rehabilitation. While he has not engaged in therapeutic intervention during his sentence, he has expressed willingness to do so and is currently waitlisted.  He has spent much of his time during his sentence improving his health and fitness, and reportedly has been facilitating boot- camp training for other inmates. During his interview with the Board, he expressed an intention to pursue fitness and personal training qualifications on release as he had previously been engaged in both social and representative sport.

The applicant appears to have a significant insight into the connection between his gambling addiction, substance use and offending.  During his interview, the applicant openly expressed acknowledgement of how his gambling addiction and drug use had destroyed his relationships with family and friends stating, “I didn’t care who I hurt or how I got the money”.

The applicant does have some family support, having established a close and supportive relationship with his father, who has visited him while in custody and provided financial support which is intended to continue upon release.

The accommodation nominated by the applicant has been assessed as suitable and providing a pro-social and supportive environment to assist in his re-integration back into the community.

The applicant’s history of compliance on a previous Probation Order was poor due to a lack of desire to address criminogenic risks but the applicant has expressed willingness to engage in appropriate therapeutic intervention. The applicant has expressed his own concerns regarding the temptation to return to substance use, in particular heroin, if released and has reportedly been in contact with health services regarding involvement in a pharmacotherapy program to help support him to manage risks associated with him relapsing into heroin use.

While the applicant has been assessed by Community Corrections as having a high risk/needs profile for supervision and management of his criminogenic needs, he has been assessed as suitable for parole.  Information has been provided to the Board indicating the applicant would benefit from structured support in relation to gambling related risks and identified substance abuse issue, and the Pre-Parole Report indicates there are appropriate community service organisations available to provide this support for the applicant in the community.

While it is clear there remain risks for the applicant regarding re-offending, there are several protective factors in place, including family support, and appropriate therapeutic interventions available in the community to assist in managing those risks.  Given the stringent conditions the applicant will be subject if granted parole, on balancing all factors, the Board is of the view the applicant is suitable to be afforded the opportunity of a parole order.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but additionally:

Must accept referral to be assessed and engage with a qualified gambling counsellor and participate in the Tasmanian Gambling Exclusion Scheme (TGES)

Must not attend, visit or enter any gambling establishment or hold any online gambling or betting account or engage in online gambling or betting

Paroled from 11 January 2021 - 10 October 2023