Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Kayne Geoffrey Quinn

30 April 2021

Reasons for Decision

The Background:

Kayne Geoffrey QUINN (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Driving with prescribed illicit drug in blood, DWD, Resisting a Police Officer, Breach of FVO, Use unregistered motor vehicle, No premium cover, Breach of bail and Dangerous Driving.

The applicant became eligible to be considered for a parole order on the 1^st of May 2021.

The applicant appeared before the Parole Board at its hearing on the 25^th of June 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 is shortly to turn 23 years of age.  He has spent a significant part of his adult life incarcerated.  His record of offending spans from present to childhood and could be considered to represent an attitude of defiance against the law.

In the past efforts of community supervision have proved to be unsuccessful with the applicant breaching community service orders and presenting as hostile to Community Corrections’ input.

The applicant’s pattern of disregard for rules and regulations continued, in part, in prison with him receiving penalty on two occasions, one for disorderly conduct and the other for being in a place he was not authorised to be; this was the last record of offending behaviour and occurred more than 5 months ago.  Since then, the applicant has been able to demonstrate good compliance and indeed has achieved a minimum-security rating.  This may represent a change in attitude and outlook.

Indeed, at his appearance before the Board the applicant spoke of being “sick” of offending, drug use and prison.  He indicated that his pathway forward was to work in employment that had been arranged by his father, attend the gym, and connect with the South Eastern Tasmanian Aboriginal Corporation (SETAC) for support including drug and alcohol counselling.

Case notes refer to the applicant as being polite, respectful, and compliant.  He has worked as a general hand in woodwork also to good reports.  He has also accessed therapeutic input completing the Family Violence Offender Intervention and Equips Domestic Abuse Programs and remains on the waiting list to undertake the Equips Aggression and Gottawanna courses.

The applicant has been assessed as suitable for a parole order by Community Corrections.  Indeed, that office has developed a solid and positive relationship with all relevant parties which provides the best possible platform for the applicant to achieve his goal for reform.

The Board’s determination

Parole is approved

Paroled from 5 July 2021 - 1 February 2023