Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Nathan Allan Scott

20 August 2021

Reasons for Decision

Offences and Conviction

Nathan Allan Scott (“the applicant”) is currently serving a sentence of imprisonment of 2 years with a non-parole period of 12 months imposed upon his conviction on a charge of trafficking in a controlled substance and possess a thing used for administration of a controlled drug.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 27 April 2021 but his application before the Board on 16 April 2021 was adjourned due to lack of suitable accommodation.

The applicant then appeared before the Board in respect of his application at the hearing on 20 August 2021 and 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.”

Documentation

The Board has had regard to the following documents in considering the application: -

The documents considered:

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions
6. Prison episode summary report;
7. Pre-parole report;
8. Home assessment.

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

The applicant has no relevant prior convictions for such serious offending. The applicant was involved in trafficking small individual quantities of methamphetamine to consumers over a 5-month period daily, and it is apparent, and accepted by the Court on sentencing, that his involvement in trafficking was due to the need to fund his own use of the drug, having developed an addiction at the age of 15.

It is reported this addiction was the result of the applicant turning to drugs as a means of pain relief for the regular onset of severe migraines he had suffered since childhood. It is noted that the applicant had in the past overcome the addiction and remained drug free for over 10 years.  However, after the breakdown of his relationship with the mother of his children, because of financial pressure and stress associated with difficulties in seeing his children and problems in his new relationship and family business, in 2018 the applicant lapsed back into use of the drug.

During his custodial sentence, the applicant has behaved compliantly, with one internal offence recorded in August 2020 for having an unauthorised item in his cell.  He has attained minimum classification and has been housed in the minimum-security prison for the past 12 months.  He is currently employed as a general hand in the prison Kitchen and positive case notes exist relating to a previous role as a Wardsman.

Due to the short length of his sentence and prison operational issues due to COVID-19 limiting access to therapeutic interventions, the applicant remains on the waitlist for several therapeutic programs. He has however completed vocational courses including attaining his White Card, Certificate 2 in IT, a Construction Course Skill set and Certificate 2 in Horticulture.

In his application and on presentation before the Board, the applicant clearly stated the impact of his “selfish” decision to use drugs on his family and himself, particularly affecting his ability to have a relationship with his children.  He expressed motivation to work on ways to manage his significant health issues and not relapse into drug use, having abstained from any drug use during his sentence.

The applicant has now been able to secure appropriate accommodation and has been assessed by Community Corrections as suitable candidate for release on a parole order.  This assessment is based on his compliant behaviour in prison, willingness to engage with psychological intervention to address identified mental health issues relating to his drug use clear goals to reconnect with his children, and ongoing support from his mother and sister who have maintained contact with him during his sentence.

Considering the above factors and noting the applicant’s prior capacity to remain drug free in the community in the past, the Board is of the view the applicant is suitable to be afforded an opportunity for parole.

The Board’s determination

Parole Approved

Special Conditions

• Must be assessed for a Mental Health Plan and engage with psychological counselling as recommended by that plan

Paroled from 30 August 2021 - 27 April 2022