Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jessica Gay Schreiweis

15 October 2021

Reasons for Decision

The Background:

Jessica Gay SCHREIWEIS (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for Manufacturing controlled drug, Sell controlled drug, Possess a controlled drug, Use a controlled drug, Trafficking in controlled substance & Dealing with proceeds of crime.

The applicant became eligible to be considered for a parole order on the 24/10/2021.

The applicant appeared before the Parole Board at its hearing on the 15/10/2021.  On that occasion the applicant was present at the hearing and was invited to provide any information she 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 her 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 was an integral part of a commercial enterprise selling methylamphetamine in Tasmania.  The enterprise was described at sentencing as of “reasonable size” and her engagement was in concert with her partner.  The applicant’s activity included the transportation of the drug from Queensland to Tasmania, packing and preparing it for sale, and its sale.  At the time of this activity the applicant was herself addicted to methylamphetamine and had the care and custody of her children.

To a not insignificant extent the applicant attributes her drug addiction to mental health difficulties with which she struggles.  She is now compliant with the use of medication which has given her some stability with respect to her mental health currently.  She asserts that she has been abstinent from drug use for the past 12 months. The applicant’s mental health and drug use appear to be the major risk factors for her returning to offending behaviour and as such her abstinence and stability in mood are protective factors against further offending.

The applicant has served her sentence in a compliant manner.  She is housed in the Mary Hutchinson units and work as a general hand in ground maintenance.  She has also made use of opportunities for vocational and therapeutic course including in engaging in alcohol and drug counselling and a Certificate II course in Horticulture.  It is proposed that the applicant will complete her Horticulture qualification prior to release and will utilise that qualification to obtain work harvesting in the agricultural sector.

The applicant has suitable accommodation available to her for the parole period.  That accommodation is in a semi rural setting with livestock and the applicant will be engaged in assisting around the property.

The applicant impresses as motivated to make better choices for herself and her family in the future by leading a pro social lifestyle.  She has used her period in custody to equip her with tools that will assist her on this pathway.  Her children now reside in Queensland and it is ultimately her aim to transfer her order to that jurisdiction in order to reconnect with them.

The Board believe that the applicant is a suitable candidate for a parole order and note that this is also the assessment of Community Corrections.

The Board’s determination:

Parole is approved

Special conditions applied:

nil

Paroled from 25 October 2021 - 24 October 2022