Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by C P

15 October 2021

Reasons for Decision

The Background:

The applicant became eligible to be considered for a parole order on the 05/10/2021.

The applicant appeared before the Parole Board at its hearing on the 15/10/2021.  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.  An earlier appearance on the 1/10/2021 was adjourned to enable an updated home assessment to be obtained.

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 was convicted of raping a young female intoxicated passenger in his taxi.  His victim had enjoyed a night out with friends and was entitled to the expectation of safety as she hired the applicant to return her home in his cab.  The applicant is and was, at the time of the offending, a husband and father.  His family remain supportive of him.  He has no criminal history for similar offending and this is his first sentence of imprisonment.  It should be noted that the applicant denies the crime and asserts that the sexual activity that occurred was consensual.

The applicant has served his sentence in an exemplary manner.  He is currently housed in the external O’Hara units, has positive case notes and has been employed as a senior store hand.  There is no record of any breach of prison rules or regulations. He has been afforded the opportunity for s42 leave to reintegrate with his family and spend time in the community and this leave has been without incident.  He has suitable and supportive accommodation available to him upon his release.

In his application for parole the applicant refers to having changed and become a “better version of myself”.  He notes that he has demonstrated the ability and desire to comply with all expectations of him as an inmate and asserts that this desire and capacity to comply will continue upon his return to the community.

The applicant has completed the Sex Offender Treatment Program.  Testing undertaken as part of that program placed him in the above average risk group for sexual recidivism.  Input was directed toward cognitive distortions, emotional control, insight, and community support.  The exit report from the program noted that the applicant engaged fully in the program however considering his denial of the offending his cognitive distortion in regard to the offending remains.  Nevertheless, he is described as future focused and willing to learn and apply new skills to his lifestyle.

The applicant has secured a support group in the community including a family friend, psychologist and chaplain.  He presents as someone that is very much invested in not returning to a custodial environment and will be protective of himself and his exposure to situations in which he may find himself in a potentially comprising situation.

The applicant was found guilty following trial of the rape of his victim.  The impact of the applicant’s conduct on her has no doubt been significant and will be enduring.  The applicant has insight into the need for complaint behaviour as demonstrated by his behaviour whilst in custody, his engagement in the sex offender treatment program and his pro-active approach in gathering an array of personal and professional people who can provide support for him upon his return to the community.  This, together with his supportive family and his future focus are factors that protect against community risk.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan
• Not to contact the victim of his offending directly or indirectly

Paroled from 27 October 2021 - 5 October 2023