Parole Board Decision

In the Matter of Corrections Act 1997

and

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

3 September 2021

Reasons for Decision

The Background:

T M W (“the applicant”) is serving a sentence of imprisonment 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 20/04/2021.

The applicant appeared before the Parole Board at its hearing on the 3^rd of September 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

The victim to the applicant’s offending was his stepdaughter.  The offending occurred from when she was aged 11 to the age of 14 years.  The Board has had the benefit of reading the victim impact statement she prepared at the time of sentencing.  No doubt the negative impact that the offending had upon her life to that point continues and will do so to some degree and is perhaps captured in the comment she makes that “I don’t like to think about my childhood”.  To have had what should have been a joyful, nurtured, and protected period of her life blighted by the applicant’s conduct cannot be redressed.

The applicant does, however, assert significant sorrow and regret for his actions.  He attributes them to a failure to have controlled his urges at the time due to his arrogance, belief that he was “untouchable” and, to an extent, the degree to which he was drinking alcohol.

The applicant does not have a relevant criminal history.  He had, until recently, served his sentence in a model way.  He has good behavioural reports and had been housed in the Minimum O’Hara cottages.  He worked as a volunteer with the Dogs Home, a trusted position external to the prison with minimal supervision.  Unfortunately, some 9 weeks ago he was found to have brought back into the prison cigarette butts from the dogs home resulting in his removal from O’Hara and new classification as Medium Low.  His actions appear to have been the product of external influences.  The Board accept that this was an isolated deviation from his past good record whilst serving his sentence.

The applicant has engaged in therapeutic work to address his offending.  He has completed the New Directions course.  His participation in that course was reportedly to a good standard with him being described as engaging well with the program content, grasping concepts quickly and “…appeared to show genuine remorse”. Specific test for recidivism the STATIC-99-R places him in the below average range of risk for repeat offending. The VRS:SO pre-treatment assessment also placed him at the below average risk for recidivism.

If released on a parole order the applicant has the support of the Beyond the Wire program who will assist him with his accommodation, physical and emotional health and recreational/social needs.

The applicant appears to be realistic of his need to remain vigilant against acting on his urges.  He has spent time reflecting on what had led him to offend in this way and has learned techniques and strategies to prevent and recurrence.  The applicant appears well supported on release and intends to engage in psychological counselling.  The Board accept the applicant is suitable for parole.

The Board’s determination

Parole is approved

Special conditions applied

• Mental health care plan
• Electronic monitoring
• Not to be in the presence of a child unless in the presence of an approved nominated person
• Not to contact directly or indirectly the victim or her family

Paroled from 14 September 2021 - 20 October 2023