Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Brett Corey Pickett

15 January 2021

Reasons for Decision

Offences and Conviction

Brett Corey Pickett (“the applicant”) is currently serving a sentence of imprisonment of 9 months imposed upon his conviction on charges of trafficking in a controlled substance and possessing a controlled drug. This sentence commenced on 1 December 2020 at the expiration of a 7 years and 9 months sentence imposed upon conviction for aggravated armed robbery.

The applicant has previously had the benefit of parole orders in relation to prior offending. The applicant most recently had the benefit of parole orders twice in 2016 and again in 2018, with all orders having been revoked because of non-compliance. In respect of the second 2016 order, that order was revoked after the applicant absconded interstate. The 2018 order was revoked when the applicant was arrested on a warrant at the Hobart Airport with drugs on his person. Subsequently the applicant was convicted of trafficking in a controlled substance in respect of those drugs.

The applicant again applied for parole during 2019, with one application refused due to lack of accommodation and a second application was refused on the basis the applicant should explore assessment and engagement in Apsley and focus on behaviour and internal offending prior to a further application.

Parole Eligibility Date

The applicant then appeared before the Board on the current application on 20 March 2020, but the application was adjourned on several occasions due to lack of suitable accommodation and lack of case management services available due to COVID-19.

The applicant most recently appeared before the Board in respect of his application at the hearing on 15 January 2021 and 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 Victims

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 has a lengthy criminal history for crimes of dishonesty and violence.  It is reported that the applicant had a dysfunctional childhood and spent a significant portion of his youth in the care of the State and foster homes.  The applicant has had frequent contact with the justice system over the past 20 years, including multiple sentences of imprisonment.

As noted previously, the applicant has had the benefit of several parole orders in the past few years, all of which were revoked due to non-compliance.  In 2019, in assessing the applicant’s eligibility for parole, the Board commented on the applicant’s drug related internal offending behaviour and noted the applicant’s offending history both on parole and while in custody suggested he continued to have an ongoing issue with substance abuse.  In refusing parole, the Board recommended the applicant apply for reassessment and engage with the Apsley Program or other suitable therapeutic intervention prior to making a further application for parole.

It is noted that the applicant was accepted into the Apsley Program in late 2019, after numerous attempts and requests, and completed the program in March 2020, with a portion completed on a 1:1 basis due to the impact of lockdowns on the group program. An exit report provided indicates the applicant’s engagement was to a high standard and he demonstrated a good level of insight and understanding into his past offending and drug use, and recognised of the impact of his previous breaches of parole on his own life and that of his children and family.

The applicant is currently classified medium security, having been regressed from medium low and his accommodation in minimum security in mid-2020 due to an internal offence relating to failing to provide a urinalysis sample.  Despite this, case notes in the last six months raise no issues and the applicant is currently employed as a wardsman in the medium security unit.

Information provided in the Pre-parole Report suggests that while the applicant has had difficulties in the past regarding compliance with parole conditions, re-offending has predominantly been related to substance abuse rather than dishonesty or violence which was a feature of his historical offending.

It is reported the applicant has a high level of insight into his criminogenic risk factors and has recognised that he needs to maintain his illicit drug treatment as he may have addiction issues for life.  He has stated a willingness to continue to engage in appropriate counselling relating to his substance abuse if granted parole.

While the applicant has been assessed by Community Corrections as requiring a high level of intervention, they have assessed the applicant as suitable for a parole order and provided a structured support and case management plan to address the identified risk factors.

The applicant has now been able to source suitable accommodation through a housing provider, which is pro-social and will provide an appropriate and supportive environment for the applicant.

On balancing all factors, and noting the applicant’s improved insight into his risk factors and the structured supports proposed to assist the applicant in managing those risks, the Board is of the view the applicant would benefit from the support and conditions a parole order would provide to assist in re-integration in the community.

The Board’s determination

Parole Granted

Special Conditions

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

• Must as soon as practicable on release, commence alcohol and drug counselling to address identified alcohol and drug dependency
• Must not contact named registered victims

Paroled from 27 January 2021 - 26 January 2022