Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by David John Charles King

12 November 2021

Reasons for Decision

The Background:

David John Charles King (‘the applicant’) is currently serving a sentence of imprisonment in relation to several matters including aggravated burglary, stealing, motor vehicle stealing, evade police and firearms, drug and traffic offences.

The applicant was first granted a parole order in July 2020 and remained on parole for 11 months prior to the Board revoking the order in June 2021 due to non-compliance and new offending.

The applicant made a further application for parole and appeared before the Board in respect of his application at the hearing on 12 November 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: -

• 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.

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 punish for the criminal wrongdoing.

Consideration:

The applicant has a history of similar offending to the matters for which he is currently serving his custodial sentence. This is his second period of imprisonment, and he was subject to a suspended sentence at the time he engaged in the criminal behaviour relating to his current sentence.

Complicit in the applicant’s offending behaviour in the past has been his engagement with an antisocial peer network who both used illicit substances and engaged in offending behaviour. The applicant also has a lengthy history of substance abuse commencing his use of cannabis at the age of 13 years and escalation of that use to methamphetamine upon which he became dependent.

The applicant has been the beneficiary of community-based sentencing orders in the past, including a probation order and suspended sentence. His engagement in these orders was sporadic and he reoffended whilst under supervision. However, in granting a parole order in June 2020, the Board noted the applicant had demonstrated good insight into his difficulties and risk factors and appeared motivated to change his lifestyle.

It appears the applicant made some progress towards rehabilitation on his previous parole order, being largely compliant for a large portion of the order until he relapsed into drug use after receiving bad news regarding his licence disqualification and was charged with further offences. Notably the applicant has since been acquitted of those charges.

Since returning to custody after revocation of his parole order in July 2021, the applicant has been located in the medium security prison, and case notes are of a generally positive nature, despite an internal offence in September involving the vision of a unit security camera being impeded by the applicant spraying a substance in the vicinity.  The applicant is currently employed in the laundry and appears to have remained drug free since his return to custody.

Both in his application and on interview by the Board, the applicant expressed disappointment with the actions that led to revocation of his parole order. He asserted the major motivation to avoid returning to prison remains his family, who have continued to be supportive, pro-social and who were reportedly disappointed with his relapse.

The applicant’s nominated accommodation has been assessed as suitable and due to a good industrial record, he has some prospects of employment if released, although he had not commenced employment on the previous period of parole.

While the applicant has been assessed by Community Corrections as continuing to require a high level of intervention, he is recommended for a further period of parole. This recommendation is based on his performance on parole prior to revocation, reportedly engaging with all appointments as directed and receiving additional support from an external support service.

The applicant appears willing to address his criminogenic factors, re-engage in drug and alcohol counselling and demonstrated motivation to resume time with his family and avoid behaviour and associates that led to his return to prison.

The applicant has been assessed as suitable for electronic monitoring to assist in supervision and management of the identified risks, and on balancing all matters, the Board determines the applicant is suitable for a further period of parole.

The Board’s determination:

Parole is approved.

Additional Special Conditions:

• To submit to electronic monitoring

Paroled from 22 November 2021 - 14 January 2023