Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Joel Matthew Maddox

16 April 2021

Reasons for Decision

The Background:

Joel Mathew Maddox (“the applicant”) is currently serving a sentence of imprisonment of 10 years imposed upon his conviction for committing an unlawful act intended to cause grievous bodily harm.

The applicant became eligible for consideration for a parole order on the 23^rd of April 2021.

The applicant appeared before the Parole Board at its hearing on the 16^th of April 2021. On that occasion the applicant was present at the hearing and 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 the Board was read to the applicant prior to his appearance at the hearing.

Registered Victims

No

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, a person of low IQ, affected by alcohol and drug use and having a history of  mental health and behavioural issues, without motive, inexplicably and spontaneously engaged in a horrific and sustained assault on his victim who had the terrible misfortune of encountering the applicant in his own front yard.  As a result of the encounter, the victim’s life has forever changed.  He is now no longer able to care for himself, cannot live independently let alone feel the enjoyment in life that each one of us is entitled to retain.

When passing sentence Escourt J noted, however, that the applicant was “extremely remorseful and has insight to what he has done”.  The applicant’s criminal record prior to this offending those matters did not include ones of violence but matters typically of civil disobedience, breaches of bail and stealing.  To that extent the actions of the applicant were out of character for him.

Whilst serving his custodial term the applicant has achieved and maintained a minimum classification with good case notes and no negative behavioural reports.  He has held a position of employment as a general hand in the kitchen also to good report noting particularly his good work ethic, punctuality and appearance.

Whilst serving his sentence the applicant has sought to engage in therapeutic inputs to address his offending behaviour.  Specifically he has engaged in drug and alcohol counselling, and the Equips aggression group program.  He has also engaged in some vocationally directed courses.  It is noted that in the Equips aggression exit report the applicant is described as motivated to use the tools and strategies he had learnt in the program in his daily life.

Community Corrections have identified the applicant as suitable for a parole order particularly noting the pro social influence and support that will be provided by his family.

Suitable accommodation is available to the applicant for his parole period.

At his hearing before the Board the applicant noted that at the time of his offending he was immature, reckless and didn’t care about things.  Whilst he has been uncomfortable in being open in a group setting he has nevertheless utilised the opportunities available to him during his term of imprisonment to engage in programs to assist him make better choices in the future. This is the applicant’s first sentence of imprisonment.  He describes himself  now as a completely different person to the one that engaged in the crime for which he was imprisoned.

The applicant would benefit from the support and supervision that would be afforded under a parole order.

The Board’s determination

Parole is approved

Special conditions applied

• Electronic monitoring
• Mental health care plan
• Not to contact the victim directly or indirectly

Paroled from 26 April 2021 - 23 April 2026