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Jones, Mandie Maree

Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mandie Maree Jones

29 January 2021

Reasons for Decision

The Background:

Mandi Maree Jones (“the applicant”) is currently serving a sentence of imprisonment of 3 years and 9 months imposed upon her conviction for aggravated armed robbery and aggravated burglary.

The applicant became eligible for consideration for a parole order on 12 February 2021.

The applicant appeared before the Parole Board at its hearing on 29 January 2021. On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself 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.

Registered Victims

Yes

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 is a Queensland resident who had returned to Tasmania to visit her children when she engaged in the offending behaviour.  She has applied to transfer the parole order, were one to be granted, to Queensland and that jurisdiction has accepted the transfer application.  Accordingly, if approved for parole the period of parole will be served by the applicant in Queensland.

The applicant’s offending behaviour was concerning.  She, in the company of two other men, gained entry into the victim’s premises, where he was peacefully residing alone, and assaulted and stole from him.  Quite understandably the offending had significant impact on the victim, he was wounded, he was in fear of his life and has lost the sense of security he once had residing in his own home.

At the time of sentencing the Court highlighted what it described as the applicant’s “extraordinarily sad and disturbing history”.  She was the victim of terrible physical and sexual abuse at the hands of her family and others however, despite this, she had in the past been able to create a lifestyle that was relatively law abiding with no criminal offending since 2003.  She has a stable and mutually supportive relationship, however her mental health has suffered as a consequences of her past. Indeed one of the positives that the applicant has gained from her custodial period has been her engagement with a counsellor at SASS (Sexual Abuse Support Service) which she has found to have been particularly beneficial for her and indeed arrangements have been made to continue that engagement upon the applicant’s return to Queensland.

The applicant has been of good behaviour achieving and maintaining minimum classification with good case notes.  She has engaged in employment working as a cleaner and has completed a number of therapeutic and vocational courses including alcohol and drug counselling, Parenting Program, Adult Resilience, White Card, Cert I in IT, cert II in Horticulture and cert III in Cleaning.

A reference provided in support of the application for parole was received from Ms Phillips, a prison volunteer and teacher, who has worked for a lengthy period with the applicant and describes the applicant as having worked very hard to make positive changes to address her anger and develop future plans for herself and her family.

Community Corrections supports the applicant as suitable for a parole order noting the commitment she has shown to self-improvement during the custodial term both in engaging in therapeutic inputs addressing her criminal behaviour but also obtaining vocational skills to enhance her employment prospects on release.

The Board also accept that the manner in which the applicant has served her sentence, her positive engagement in programs and courses directed toward her self-improvement, the fact she is returning to a supportive pro social environment in Queensland and significantly the gains she has been able to make through her sessions with SASS support. On this basis it is appropriate for her to be provided with the opportunity of a parole order.

The Board’s determination

Parole is approved.

Special conditions applied

Subject to the usual conditions of a parole order.

Paroled from 15 February 2021 - 28 December 2022