Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Tyler John Mayne

30 April 2021

Reasons for Decision

The Background:

Tyler Mayne (“the applicant”) is currently serving a sentence of imprisonment of 18 months imposed upon his conviction for matters of evade police, dangerous driving and possession of a shortened firearm when not licensed.

The applicant became eligible for consideration for a parole order on the 5th of May 2021.

The applicant appeared before the Parole Board at its hearing on the 30^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.

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 has lived, since his early youth, a lifestyle of offending.  The sentencing Court described his prior record of offending as “appalling” noting that the only breaks in the applicant committing crime occur when the applicant was in some sort of detention either as a youth in youth detention or as an adult in prison.

In part, the applicant’s anti-social behaviour has been fuelled by his dependence on illicit substances.  The Court at sentencing determined that a Drug Treatment Order was not a viable option in the applicant’s then circumstances noting that such an order would require large commitment and motivation toward rehabilitation from him.  The Court was not persuaded that these elements existed at that time. Nevertheless, the potential for change and progress toward rehabilitation was allowed for by the Court providing for an eligibility for parole which it did “…in the hope that you do develop and demonstrate a commitment to rehabilitation before the completion of your sentence.”  A significant question that now faces the Board is whether the applicant is now ready to work towards materially altering his lifestyle.

The early signs were not positive in this regard.  The applicant was classified as requiring, until recently, maximum security and had engaged in a significant number of internal offences many of which displayed an attitude of resistance and contempt for the efforts of custodial officers and prison regulations.  The last of this internal offending behaviour, however, occurred in October of 2020.  Since that time, it appears that the applicant has materially altered his behaviour such that he has been reclassified recently to Medium security and maintained employment as a general hand.  His conduct and execution of his work duties are described as being of a high standard.

The applicant has also sought to address his offending behaviour by accessing drug and alcohol counselling within the prison and has completed a resilience program.  It is noted, however, that his capacity to access other programs has been frustrated by the onset of Covid 19 and his Maximum classification.  The applicant appears to have received some benefit from the resilience program.  He told the Board that he had a “different attitude” and had worked hard at complying with the prison rules and remaining offence free.

He has suitable accommodation which will provide a physical change to his usual environment and has put in place rehabilitative supports for his return to the community including an ongoing engagement with drug and alcohol services, transition from the prison on the drug replacement program and engagement with psychologists.

The applicant has, in the past, had the benefit of community supervision orders including parole with which he has been unable to maintain compliance.  The applicant breached a 2018 parole order by offending and a 2020 probation order again by offending.  There is accordingly a very real risk that the applicant will revert to offending if this application for parole is approved.  However, the applicant has demonstrated by his recent conduct that he is making a concerted effort to change his attitude and lifestyle.  This change has been reflected in the way he has, of late, conducted himself whilst serving his sentence.  In the assessment of Community Corrections, it would be now opportune to support the applicant further pursue his rehabilitation within a community setting.

On balancing all matters the Board have determined that whilst the provision of a parole order is not without risk, the applicant has demonstrated through his conduct in recent times a concerted effort toward change in his attitude and behaviours.  A parole order will support his transition back to the community whilst maintaining his focus on changing what has been in the past a self-destructive and anti-social pathway.

The Board’s determination

Parole is approved.

Special conditions applied

• To obtain and comply with a mental health care plan.

Paroled from  10 May 2021 - 4 November 2021