Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by L T R

29 November 2021

Reasons for Decision

The Background:

LTR (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Forcible Abduction, Aggravated Assault, Aggravated Sexual Assault x4, Indecent Assault, Rape x2, Possessing Child Exploitation Material and Production of Child Exploitation Material.

The applicant became eligible to be considered for a parole order on the 28/08/2021.

The applicant first appeared before the Parole Board on the 28/08/2021. At that time the application was adjourned to enable the Board to obtain a psychological assessment of the applicant.  Following the completion of that assessment and the provision of a report the application was heard by the Board at its hearing on the 29/11/2021.  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 victim of the applicant’s offending was a 12year old girl.  He, at the time was aged 37 years.  His offending occurred when he took advantage of coming across his victim alone in a relatively isolated setting then grabbed her, forced her into his vehicle and drove her away to another location.  Once there he assaulted her physically and sexually, threatened her and raped her.  Ultimately, he let her go.  These events occurred in 2014.  Two years later the applicant was reported by two school students to have been acting lewdly in public.  The applicant was arrested following these reports.  Subsequent searches were able to link the applicant via DNA to the 2014 offences and also revealed that he had inappropriately filmed his 4year old niece whilst drying her following a bath.

At the time of his offending the applicant was a married man with two young children.  He had no prior convictions and was in gainful employment. It appears there has been no gradual escalation in his offending behaviour but rather a preparedness to act immediately and to an extreme upon the opportunity presenting itself in 2014. At his hearing before the Board he reflected that the actions by him in 2016 in acting lewdly in public was in effect a cry for help.  From the time of his arrest the applicant has claimed a sincere regret regarding his actions and the horrendous impact he has had on the life of particularly his 12 year old victim of the 2014 crimes and also on his own family.  He pleaded guilty to the crimes at an early opportunity and directed his energies whilst in prison toward self-reflection, therapeutic intervention and personal growth.

In terms of therapeutic intervention the applicant has completed the Sex Offender Treatment Program. The assessment of the facilitators of that program was that the applicant’s offending was “best understood as mismanaging his ongoing preoccupation with sexual thoughts towards underage females.”.  The applicant’s approach to the program content was described as “dedicated” and his motivation to gain insight into his offending as high.  He was able to learn strategies to manage his sexual thoughts.

At the Board’s request the applicant was reviewed by Dr O’Donnell in order to gain a better understanding of the risk he may present if released on a parole order.  Dr O’Donnell observed in her report that;

• “It is evident from the reports that Mr R has engaged with all offence-specific therapeutic intervention available to him at Risdon Prison. It is evident that there are no further interventions available to him at Risdon Prison that will further reduce his risk of re-offending. By all his reports, Mr R’s engagement with intervention has been meaningful, and he has worked on relevant issues that reduce his risk of re-offending.”

When considering risk she noted that there were some protective factors evident including a supportive family, re engagement with his sons and a strong work ethic.  If released on a parole order it is important for the applicant to engage in psychological therapy to reinforce the strategies he has learnt and ensure they are maintained over the long term.

The applicant has demonstrated compliant behaviour during his custodial term and is not housed in the O’Hara cottages demonstrating that he is a trusted inmate.  He has good insight into his sexual interests and the deviancy of the same and is motivated to ensure he is able to manage and control them without endangering members of the community by ongoing engagement with expert psychological care.  He has appropriate accommodation available to him and his support group demonstrate a good understanding as to his needs.  Community Corrections have assessed the applicant as suitable for supervision under a parole order.  The Board have concluded that whilst the applicant’s offending behaviour was sudden and extreme he has demonstrated commitment and motivation to ensure that he does not in the future act out on his impulses. He will be subject to electronic monitoring whilst on parole and will be excluded from being in the company of children under the age of 17 years unless in the company of a nominated person.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan
• Electronic monitoring
• Victim protection conditions
• Usual sex offender conditions

Paroled from 6 December 2021 - 28 August 2024