Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by L B S

16 April 2021

Reasons for Decision

The Background:

LBS (“the applicant”) is currently serving a sentence of imprisonment of 9 years and 6 months imposed upon his convictions for maintain a sexual relationship with a young person, making a communication with the intention of exposing a person under the age of 17 years to indecent material, abduction of a young person under the age of 17 years, possession of a controlled plan, possession of a thing used for the administration of a controlled drug, indecent assault and rape.

The applicant became eligible for consideration for a parole order on the 22^nd of December 2020.

The applicant appeared before the Parole Board at its hearing on on the 11^th of December 2020 at which time his application was adjourned to enable a psychological assessment to be undertaken, completion by the applicant of the New Directions program and the identification of suitable accommodation.  Ultimately the application was heard by the Board on the 16^th of April 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.

Pre-parole reports prepared on behalf the Board were read to the applicant prior to his appearance at the hearing.

Registered Victims

No

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’s offending against a young person involved two victims, both young males, one aged 14 years and the other 15 years.   The sexual offending occurred from 2003 to 2005 regarding one of the victims and again in 2012 against the other.  The offending was against vulnerable boys who were taken advantage of by the applicant for the purposes of his own sexual gratification.

The applicant was further convicted of indecent assault and rape in 2016.  Those matters also involved his grooming of and sexual offending against three young male victims who were described as “vulnerable boys”. The modus operandi appears similar to the above offending specifically his introduction to young boys who had a vulnerability and the plying of them with gifts in return for sexual acts.

This offending has had significant long term consequences for the victims in terms of their sexual and psychological maturation and future capacity to enjoy functional and happy relationships.

As is common with sexual offenders, the applicant has served his period of incarceration with good behaviour having no internal record of rule infractions and achieving a minimum classification.  His case notes report positive and compliant behaviour with only some actions reported as requiring formal warnings to be given.  One such action resulted in his removal from the O’hHara independent living units when he was found exercising on the Ron Barwick oval.

The applicant has engaged in the New Directions program to address his offending behaviour.  His participation in that program is described in the exit report as active and open with a gain of the program being identified as the applicant’s acknowledgement of his attraction to pre-pubescent boys.  It is noted that the applicant has an understanding that he must actively continue to manage this attraction including by engaging in treatment.

The Static-R risk assessment tool places the applicant in the well above average risk category for future sexual offending.  To explore the level of risk further, the Board obtained a psychological assessment of the applicant.  The resultant report of Dr O’Donnell identifies that the applicant has a paraphilic disorder, specifically a sexual attraction to teenage males and this will require his “…active management to prevent re-offending.”.  Dr O’Donnell notes that the applicant has completed all criminogenic needs programs available to him at the prison and that upon his release he should engage in ongoing individual therapy with a clinical psychologist in the community with forensic expertise.  The applicant understands this recommendation and agrees that he will so engage.

Accommodation is available for the applicant which, with electronic monitoring, is considered suitable and he has been assessed by Community Corrections as appropriate for parole supervision.

At the hearing of this application the applicant submitted that his undertaking of the New Directions program “opened my eyes” to his manipulative behaviours and asserted a motivation to address this and his sexual interest in adolescent boys ongoing. A parole order will provide support as well as supervision particularly over the applicant’s engagement with treatment directed to this attraction.

The Board’s determination

Parole is approved

Special conditions applied

• Not to be in the presence of a child under the age of 17 years unless in the company of an approved person
• Electronic monitoring
• Mental health care plan
• No contact directly or indirectly with the victims

Paroled from 26 April 2021 - 22 September 2025