Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Gary Scott Sullivan

12 November 2021

Reasons for Decision

Background:

Gary Scott Sullivan (‘the applicant’) is currently serving a sentence of imprisonment 5 years and 6 months with a non-parole period of 2 years and 6 months imposed upon conviction of charges of aggravated carjacking, aggravated assault, stealing, dangerous driving and unlawfully injuring property

The applicant became eligible to be considered for parole on 15 November 2021.

The applicant appeared before the Board in respect of his application at the Board’s 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.”

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 punish for the criminal wrongdoing.

Consideration:

The applicant’s offending relates to a series of events that commenced when the applicant took unlawful possession of a vehicle in which he was a passenger by aggressively demanding the driver hand over the keys, while holding a long spike or nail in his hand. After the driver left the vehicle, the applicant proceeded to a petrol station where he filled the vehicle but left without paying. When the vehicle was spotted by the police and they commenced pursuit, the applicant engaged in a course of dangerous driving through paddocks and on arterial roads to avoid apprehension, ultimately colliding with a vehicle and after continuing driving, left the vehicle in a driveway and attempted to escape on foot. During pursuit by police the applicant attempted to punch a police officer as he was attempting to apprehend the applicant. At the time of this incident the applicant was affected by methylamphetamine.

The applicant is now 44 years of age and has been addicted to drugs for all of his adult life, reflected in a long criminal history involving offences of dishonesty, violence and various driving offences, although none for dangerous driving. He has served many terms of imprisonment and at the time of this offending in 2018, had spent most of the previous eleven years in prison.

Despite having had the benefit of parole orders in the past, interstate and in Tasmania, the applicant has a history of non-compliance and re-offending while on parole. The applicant has also engaged in offending against custodial regulations while serving his sentence, with a history of trafficking and drug possession within the prison, and case notes record two internal drug related offences in the past 12 months.

Despite the significant prior record of offending, the contribution to that by the applicant’s substance abuse and his previous poor record on parole, there is prospect for change.  The applicant has recently attained a medium classification and recent case notes reflect a change in attitude and behaviour. He is currently employed as a barber in the medium security prison.

The applicant has completed the Resilience Program and has been engaged in individual alcohol and drug counselling in the past several months and information provided to the Board suggests the applicant has engaged well and demonstrated genuine pro-social attitudes.

Notably on interview by the Board, the applicant acknowledged that in the past he believed he could manage in the community on his own, but has more recently reached out to support services, and gained benefit in participating in therapeutic intervention. The applicant professed a motivation to change his life at the age of 44, stating he felt this was his “last chance”, a sentiment apparently echoed by his adult daughter who has provided support in the past. Additional motivation for the applicant is apparently a desire to provide support to his parents, who are both suffering significant health issues.

Suitable accommodation is available to the applicant if paroled and he has been assessed as suitable for additional support through the Beyond the Wire program.

Community Corrections have assessed the applicant as having a high risks/needs profile due to his significant custodial episodes, previous non-compliance and continued reoffending.  However, there is a view that a condition to submit to electronic monitoring of parole conditions would assist in being able to manage and appropriately supervise the applicant on parole.

While it is clear the applicant will face challenges if returned to the community, it appears he has recognised the benefits of engaging in support provided to assist him to address his risks of relapse and reoffending, and that support can be provided by a period of supervision afforded by a parole order.

The Board’s determination:

Parole is approved

Additional Special Conditions:

• Must be assessed for a mental health plan and attend psychological counselling as recommended by the plan
• Must submit to electronic monitoring

Paroled from 22 November 2021 - 4 May 2023