Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Leigh Wayne Salter

12 November 2021

Reasons for Decision

The Background:

Leigh Wayne Salter (‘the applicant’) is currently serving a sentence of imprisonment of 6 months with a non-parole period of 3 months imposed upon conviction for charges of computer related fraud, burglary, stealing and possession of stolen property.

The applicant became eligible to be considered for parole on 24 November 2021

The applicant appeared before the Board in respect of his application at the hearing on 12 November 2021. 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.

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.”

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 punish for the criminal wrongdoing.

Consideration:

This applicant’s current index offending was by his own admission related to financial difficulties and securing funds to pay for his addiction to alcohol and drugs at the time.

Indeed, the applicant has a history of substance abuse, in particular alcohol, throughout his twenties and commenced using methamphetamine in 2018 which quickly escalated to daily use. He has relevant prior history of offending, including dishonesty and violence offences although no offending occurred over a four-year period from 2016 to 2020.  The applicant attributes the resumption and escalation in his offending in 2020 to a relationship breakdown, losing his home and resuming alcohol and methamphetamine use.

The applicant has in the past sought assistance for his alcohol abuse, having participated in the Salvation Army Bridge program during from 2012 – 2015 but not completing the program, and engaging with Alcoholics Anonymous.  He has experienced periods of homelessness due to financial difficulties and substance abuse issues.

The applicant does however enjoy strong family support, in particular from his mother, who had continued to support the applicant during his financial difficulties, substance abuse and homelessness issues. It is reported the applicant’s mother will continue to be his primary support on release.

During his custodial sentence the applicant has attained a minimum classification and is accommodated in the minimum-security prison. Case notes are of a positive nature regarding his employment in the Woodwork workshop.  Only one internal offence of a minor nature relating to damage to prison property is recorded.

The applicant’s accommodation has been assessed as pro-social and supportive and he has been assessed as suitable for additional support through Beyond the Wire. The applicant also has good prospects of employment. He is a qualified carpenter and has been employed in the industry in the past prior to running his own business for several years before experiencing financial difficulties that contributed to his re-offending.

While the applicant has a relatively short period remaining on his custodial sentence, at interview he expressed a desire to pursue a parole order to assist him to gain additional support and appeared motivated to engage in parole and seek assistance for his risk factors.

He expressed a desire to engage in therapeutic programs he has been unable to access in custody due to the length of his sentence. He expressed remorse for the victims of his offending and appeared to have realistic goals and insight into the need to seek support to prevent return to offending behaviour to manage issues that may arise.

The applicant has been recommended by Community Corrections as suitable for parole and the Board concur with that assessment.

The Board’s determination:

Parole is approved.

Paroled from 24 November 2021 to 24 May 2022