Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Travis Anthony Mortyn

15 January 2021

Reasons for Decision

Offences and Conviction

Travis Anthony Mortyn (“the applicant”) is currently serving a sentence of imprisonment of 3 years with a non-parole period of 18 months, imposed upon conviction for charges of aggravated burglary, attempted robbery, demand property with menaces with intent to steal and assault.

Parole Eligibility Date

The applicant has previously had the benefit of parole orders in relation to his current custodial sentence.  The applicant was granted parole in late 2018 and again in early 2020. Both orders were revoked due to non-compliance and new offending while on parole. The applicant became eligible to be considered for parole again from 12 October 2020.

The applicant appeared before the Board in respect of his application at the hearing on 15 January 2020.

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.

Registered Victim

There are registered victims

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: -

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions
6. Prison episode summary report;
7. Pre-parole report;
8. Home assessment.

Parole

The system of parole recognises the capacity of some prisoners for 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 by reducing the risk of reoffending and supervising the reintegration of offenders.

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 and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant’s index offending involved a “home invasion” of the property of a victim known to the applicant, where he aggressively demanded money and valuables, assaulting two of the applicants during the incident. It is clear from victim impact statements provided that the frightening nature of the “home invasion” and injuries suffered by the victims has had a long lasting impact on the victims.

This is the third time the applicant has sought parole during his current custodial sentence. During each previous period of parole, the applicant has struggled with compliance in relation to conditions preventing use of illicit drugs and imposing a curfew, which ultimately led to revocation of parole on both occasions.  Additionally, the applicant was charged with new offences, and of particular concern is the most recent charge of aggravated burglary, which remains outstanding and is not likely to be finalised in the near future.

The applicant has relevant criminal history prior to this offence but this is the first time the applicant has served a term of imprisonment.

The applicant had a difficult childhood characterised by oppressive conditions and punishment imposed by his deeply religious father culminating in him leaving home at 15 years of age. It was at this time the applicant commenced using cannabis and reportedly continued to engage in significant use up until his incarceration. The applicant acknowledges he has also engaged in illicit drug use whilst on parole.

In the previous decision to grant parole in April 2020, the Board noted that despite the applicant’s non-compliance on parole regarding drug use, he had engaged in substance use counselling with Holyoake and had taken steps to seek assistance with his mental health issues prior to his parole revocation. It is reported that during the most recent period of parole, the applicant commenced the Equips Addiction Program and appeared to engage well with the content of the program. However due to minor health-related absences and COVID-19 restrictions he was unable to continue with the group.

Since returning to custody in October 2020, the applicant has been housed in minimum security accommodation and has attained a medium-low security rating.  There is no record of internal offending and case notes reflect a positive attitude and polite behaviour.

The applicant does have suitable independent accommodation, and this appears to be a protective factor for him, in addition to strong family support from his mother and sister.  On interview before the Board the applicant stated how important retaining his accommodation was in terms of motivation to continue to engage with services as he had done during the most recent period of parole.

Community Corrections has noted concerns regarding the applicant’s suitability for a further period of parole due to his history of non-compliance. He has been assessed as having a high risk and needs profile and has struggled to engage with services to manage his criminogenic risks while on past probation and parole orders.  The pre-parole report does note that the applicant’s level of engagement on his most recent parole order appears to demonstrate a shift in his behaviour, with the applicant making genuine attempts to change his behaviour and engage with services.

On interview, the applicant openly acknowledged he had been provided with numerous chances while on previous parole orders but stated he had gained some insight into what has led to relapsing into drug use, in particular his inability to manage his mental health when faced with challenges. The applicant reported that due to this insight, he had actively sought support from therapeutic services on return to custody and was motivated to continue to engage in the EQUIPS Addiction program on release.

While the concerns raised by Community Corrections are noted by the Board, the applicant appears to have matured in his behaviour and attitude during the last parole order and since his return to custody. The applicant has expressed a willingness to submit to the strict conditions of a parole order and re-engage with appropriate therapeutic and support services to assist him to address his substance abuse and related non-compliance. The applicant has actively sought to pursue his application for parole despite the expiration of his current sentence being only a few months away.

On balancing all factors, the Board has determined the applicant is suitable to be afforded a further opportunity for parole and the identified risks can be managed by the strict conditions of a parole order, including that the applicant engage in an appropriate alcohol and drug program.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order, but additionally:

• Must engage in appropriate alcohol and drug counselling to address identified drug dependency
• Must not contact or approach identified registered victims.

Paroled from  27 January 2021 - 9 August 2021