Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Paul William Shaw

15 January 2021

Reasons for Decision

Offences and Conviction

The applicant is currently serving a sentence of imprisonment of 4 years with a non-parole period of 2 years and 6 months imposed upon conviction on charges of wounding and assault

Parole Eligibility Date

The applicant has previously had the benefit of a parole order granted in 2019, which was revoked in mid-2020 due to non-compliance and reports of new offending.

The applicant became eligible to be considered for parole again on 10 November 2020.

The applicant appeared before the Board in respect of his application at the hearing on 15 January 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.

Registered Victim

There is a registered victim

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 application;
• Comments on passing sentence;
• Papers provided by the Director of Public Prosecutions;
• Prison summary;
• Record of prior convictions;
• Prison episode summary report;
• Pre-parole report;
• Home assessment.

Parole

The system of parole recognises the capacity of some prisoners for 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 by reducing the risk of reoffending and supervising the reintegration of offenders.

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 and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

The applicant’s offending history is one characterised by a propensity for violence, including several prior convictions for assault and breaches of family violence orders.

The applicant’s conduct relating to the current offending was described by his Honour Justice Brett as “amounting to the violent torture of a woman, committed over an extended period of time and in frightening circumstances” and has had significant psychological and physical impact on the victim who was friend of the applicant’s partner at the time.

Information provided to the Board indicates the applicant reports experiencing a turbulent childhood, characterised by family violence and periods of separation from the family unit. It is reported there is a significant family history of pro-criminal behaviour and offending with members of his immediate and extended family having served terms of imprisonment.

The applicant has had the benefit of a previous parole order granted in May of 2019. This order was revoked due to the applicant committing drug related offences, including selling and possessing a controlled drug, namely methylamphetamine and cannabis. The applicant has a history of illicit drug use, predominantly “Ice” and cannabis but reportedly claims he has not used drugs since 2017, despite the drug related charges that resulted in the revocation of parole. During his previous parole order, the applicant regularly returned negative urinalysis results and attended and engaged well in counselling at Alcohol and Drug Services.

Prior to being granted parole in 2019, the applicant had completed the Gottawanna program and on his return to custody in 2020, re-engaged with and completed the Gottawanna program.  The exit report provided to the Board indicates the applicant displayed good self-awareness around his past behaviour and has made positive changes since he was last on parole. It reports the applicant appears to have gained significant personal insight and awareness of the impact of his behaviour on his family and children and the need to continue contact with supports including his drug and alcohol counsellor and the Tasmanian Aboriginal Centre.

Since his return to custody the applicant has attained a minimum security rating and is housed in minimum security.  He is employed as a general hand in the Chill Room and case notes indicates the applicant’s behaviour is polite, respectful, and compliant with direction.  There is no record of internal offending in the past 6 months.

Accommodation nominated by the applicant has been assessed as suitable.

Significant concerns have been raised by Community Corrections regarding the applicant’s suitability for parole, based on non-compliance on previous probation orders, in addition to the nature of his offending during the last period of parole which led to revocation of the order and a further sentence of imprisonment being imposed.

On interview, the applicant stated his last period of parole was the longest period during his offending history he had “stayed out of trouble” but acknowledged the drug related offending which led to his parole revocation had cost him significantly. As a result of his behaviour, his relationship with his ex-partner had been affected and had placed at risk the regular contact with his children that had resumed while on parole. Additionally, the applicant expressed the view it was “time to grow up” and he did not want to lose the relationship he had with his current partner who has continued to support him and visit him while in custody by returning to his previous behaviours.

The Board notes the concerns raised by Community Corrections regarding the applicant’s high risk of re-offending given his prior history on parole and other community based orders. However, there is some demonstration through the applicant’s behaviour and attitude while in the custodial environment that he has the capacity to comply with strict rules and conditions which would be required of him in the community. His continued engagement to address his drug dependency and reported improved insight through additional therapeutic intervention indicate some prospects of rehabilitation.

In determining the applicant’s suitability for parole, the Board has considered and acknowledges the significant impact on the victim resulting from the applicant’s serious offending.

The Board’s determination, however, is that any risks and concerns relating to protection of the victim or the community are able to be managed by additional conditions imposed regarding the victim.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but in addition:

• Must not enter or frequent specified municipal areas
• Must not contact directly or indirectly the named registered victim.

Paroled from 27 January 2021 - 28 January 2022