Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jie Lawrence Rainbird

10 December 2021

Reasons for Decision

The Background:

Jie Lawrence RAINBIRD (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for, Breach of Suspended Sentence, Assault x2, Unlawfully Injuring Property and Assault.

The applicant became eligible to be considered for a parole order on the 10/01/2022.

The applicant appeared before the Parole Board at its hearing on the 10/12/2021.  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 of 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:

From the age of 17 years the applicant has lived an anti-social lifestyle.  His offending has included matters of public disorder, dishonesty and violence.  Many efforts have been made in the past to engage him in change including the provision of parole, probation and community service orders and court mandated diversion treatment all to no avail and many breached by the applicant engaging in offending behaviour. The applicant’s behaviour has not, in the past, been influenced by the risk of imprisonment as demonstrated by his record of breaching suspended sentences and bail orders.

Complicit in the applicant’s offending behaviour and lack of engagement in efforts made towards his reform to date has been his abuse of illicit substances. What then are the applicant’s prospects to change and reform if a further attempt at supervision via a parole order was made and what risks will he present to the community if released on parole?

Positive signs exist in the way the applicant has served his current custodial sentence.  He is classified at minimum, received positive case notes, and not offended against the regulations of the prison since March of 2021.  The applicant has made an effort to access therapeutic intervention.  He has completed the Gottawanna course and Alcohol and Drug Counselling.

Before the Board the applicant acknowledged his poor record and the failure of past interventions. He asserts that he has matured and grown.  He states that the current sentence has been keenly felt by him in that it severed his capacity to contact and support his children.  He notes that he has never been better placed to be able to comply with an order and to change his life.  He is highly motivated, has supports available to him including a stable residence, drug and alcohol and counselling services and demonstrates good insight into factors that have led him to make poor choices in the past including a history of trauma, drug abuse and engagement with an anti-social cohort.   Significantly the applicant has been drug abstinent for an extended period and intends to maintain this.

Facilitators at the Gottawanna program note the growth and maturity show in the applicant between his engagement in the course in 2017 to now.  They recognise the applicant to be very motivated by and supported in his intentions to change.  This aspect of the applicant, his demonstrations of greater maturity and endeavour together with his development of strategies to remain drug free and compliant have led to Community Corrections to identifying the applicant as suitable for a parole order.

The Board considers that the applicant is suitable for a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• To obtain a mental health care plan
• Electronic monitoring

Paroled from 10 January 2022 - 24 April 2023