Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Justin Richard Maynard

10 December 2021

Reasons for Decision

The Background:

Justin Richard MAYNARD (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Trafficking in controlled substance.

The applicant became eligible to be considered for a parole order on the 12/01/2022.

The applicant appeared before the Parole Board at its hearing on the 10/12/2021.  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 of 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 is serving a sentence imposed for his actions in trafficking methylamphetamine and cocaine over an approximate 6 month period ending in April 2015 when he was detected and arrested.  The applicant was not, however, sentenced until December 2020. Other than an initial period spent on remand the applicant remained in the community on bail for effectively the 5 year period from arrest to sentence.  During this period he was compliant with his bail conditions and did not offend.  This suggests two things.  First, he had the motivation to cease his criminal behaviour and secondly he was able to adjust his lifestyle to enable him to comply with his bail conditions and the law generally.

During the period of bail pre sentence the applicant resided with his partner and her son.  That relationship is a pro social and supportive one.  He worked in employment end engaged in the Holyoake drug and alcohol program and Pathways course.  Other than his partner the applicant’s family are also a significant source of motivation and support for him.  Geason J, at sentencing remarked upon the changes which had by then been made by the applicant from a past of regular drug related offending to compliant behaviour and cessation of drug use.

The applicant has been the recipient of a parole order in the past.  In July 2014 he was granted parole in respect of an earlier sentence for trafficking. That order was revoked following the applicant’s arrest on this matter.

Other than one internal offence in May 2021 when the applicant was booked for assaulting another inmate, which he asserts was to protect another inmate who was being “picked on”, the applicant has demonstrated ongoing compliant and positive behaviour.  He is classified as requiring minimum security and it has been noted that he is a supportive presence for a younger inmate.

The applicant has suitable accommodation at which he can serve his parole period.  The planning and integration team at the prison has noted him to have demonstrated good engagement with them and that he will have the support of the Tasmanian Aboriginal Centre upon his release.  A comprehensive letter of support has been received from a community member.

The key to the applicant being able to complete his parole and to direct his energies to living a pro social lifestyle rests in his capacity to remain drug abstinent.  This, it appears, he has demonstrated during his parole period and his incarceration.  It is clear, by his pre sentence engagement in therapeutic intervention, that his wish is to remain drug free.  The supervision and support of a parole order will assist.

The Board’s determination:

Parole is approved

Special conditions applied:

• Not to associate with certain named persons

Paroled from 12 January 2022 - 12 January 2023