Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by M J W

30 April 2021

Reasons for Decision

The Background

M W (“the applicant”) is serving a sentence of imprisonment of 3 years and 6 months imposed upon his conviction for maintaining a sexual relationship with a young person under the age of 17 years.

The applicant became eligible to be considered for a parole order on the 3^rd of April 2021.

The applicant initially appeared before the Parole Board in respect of this application at its hearing on 26^th of March 2021.  The application was adjourned to enable the Board to obtain the report from the applicant’s attendance at the Sex Offender Treatment Program. The application next came before the Board on the 30^th of April 2021 and 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

The applicant’s offending occurred over a two-year period.  His victim was a 14 – 16-year-old girl who was the daughter of the applicant’s then close friends.  He was in his late 40’s at the time of the offending.  His friendship with the victim’s family arose through their mutual interest in music.  The victim was at a vulnerable stage in her life which the applicant took advantage of when his own relationship had broken down.  Whilst there was no finding that the victim was forced to undertake sexual activity with the applicant, there is no doubt that the applicant used her vulnerability and the trust that her family had in him to inveigle his way into the victim’s life creating opportunities for him to be alone with her and create her trust in him leading to the offending behaviour.  The Board have carefully considered the victim’s statements to both the Court at sentencing and to the Board and accept completely that the offending has had a significant and deleterious impact on her mental health which is likely to continue together with an impact on her relationships with others.

The applicant has utilised his incarceration by engaging in employment and undertaking a vocational course. He is classified as minimum security and is described a positive, diligent, polite, and trusted.  He has maintained several pro social associations within the community many of whom have written to the Board with letters of support for him.  Whilst many of these supporters would not have expected the applicant to have offended as he has done, they do demonstrate their knowledge of the offending behaviour and their intention to be a support to the applicant upon his release.

The applicant has undergone the Sex Offender Treatment Program.  The exit report from that program notes that application of the STATIC 99R tool placed him at an average risk level for recidivism in sexual offending. The applicant was described as being “… somewhat open to explore his offence planning behaviours, and deviant sexual preference as a way of protecting himself in the future” and as participating in the program to a good standard and was now needing to “apply his learning outside of a custodial environment”.

Community Corrections have assessed the applicant as suitable for a parole period.  He has accommodation available appropriate to his needs and supervision on the order will be directed toward addressing those treatment needs as identified in the sex offender’s treatment program exit report.

The Board note that this is the applicant’s first custodial term.  He appears to have displayed insight into his offending and worked to address his deficits during his engagement with the sex offender’s treatment program.  He has good, pro social and aware community support and has demonstrated a high standard of compliance with the rules and regulations of the custodial environment.

The Board’s determination

Parole is approved.

Special conditions applied

• To obtain and comply with a mental health treatment program.
• To not enter certain defined locations.
• To not contact directly or indirectly the victim of his offending
• To not be in the presence of a child under the age of 17 years unless an approved nominated person is present.

Paroled from  11 May 2021 - 3 January 2023