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Parole Board

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Torrents, Toby David

Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Toby David Torrents

6 August 2021

Reasons for Decision

The Background:

Toby David TORRENTS (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Evade Police and Aggravated Burglary x2, Stealing x2.

The applicant became eligible to be considered for a parole order on the 24th of May 2021

The applicant appeared before the Parole Board at its hearing on the 6th of August 2021. On that occasion the applicant was present at the hearing and 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 the Board was 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 continue to punish for the criminal wrongdoing.

Consideration

On two consecutive nights the applicant burgled unoccupied premises.  When sentenced Blow CJ noted the “bad things” about the applicant’s crimes as being the value of the stolen property, that the crime was committed whilst the applicant was on bail for other matters and that he had returned to the same premises having worked out they were unoccupied.

Whilst the applicant has a criminal history that history involved matters of driving, drugs and firearms rather than for matters of dishonesty.

In respect of those prior matters the applicant has come under the attention of Community Corrections having been sentenced in the past to probation and community service orders. Compliance with supervision under those orders is described as having been poor and it is noted that the applicant engaged in offending whilst subject to them.  This raises significant concern as to the capacity and likelihood of the applicant engaging positively to supervision whilst on parole.  As to this the applicant states that whilst under supervision in the past he has continued to use illicit substances and been engaged with an anti-social cohort.  If afforded an opportunity on parole, he has noted that his circumstances will be entirely different.  He will be abstinent from illicit drug use having been so now for a year, have stable accommodation and focused toward pro social relationships and activities.

Consideration of the applicant’s history during his custodial episode demonstrates a shift in attitude and behaviour.  He has moved from engaging in internal offending to becoming minimum rated and described as quiet, polite, and respectful.  Recent testing has confirmed his abstinence from illicit substances.

Whilst wishing to engage in therapeutic courses whilst in prison circumstances have been such that none have been made available including the resilience program and alcohol and drug counselling.

The applicant has, however, engaged in vocational courses obtaining his white card and food handling certificates.

Suitable and supportive accommodation is available for the applicant if given parole.  His capacity to access therapeutic inputs to address drug use and offending behaviour will be enhanced upon his return to the community. Community Corrections have assessed him as suitable for a parole order.

The Board’s determination

Parole is approved

Special conditions applied

Nil

Paroled from 16 August 2021 - 9 April 2022