Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jarrod Robert Ward

15 January 2021

Reasons for Decision

Offences and Conviction

Jarrod Robert Ward (“the applicant”) is currently serving a sentence of imprisonment of 2 years and 6 months with a non-parole period of 1 year and 3 months imposed upon conviction on a charge of wounding.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 25 December 2020

The current application initially came before the Board on 11 December 2020 but was adjourned due to lack of suitable accommodation.

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

No 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: -

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions;
6. Prison episode summary report;
7. Pre-parole report;
8. 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

This applicant’s offending conduct involved the applicant stabbing the victim in the neck after an altercation that occurred when the applicant went to the home of the victim unannounced.  The victim was known to the applicant and the circumstances that precipitated the attack appear to be motivated by anger and revenge, although on sentence the Court did not find the crime was planned by the applicant.

The applicant does have some prior history of violent offending, occurring mainly in his early twenties. The applicant is now in his forties. Complicit in his historical offending was his abuse of alcohol and illicit substances, including cannabis and amphetamines. The level of abuse of alcohol and drugs has varied over the years and he reports he has had some periods of abstinence from illicit drugs and excessive alcohol use.  He reports that he has always had anger management issues and much of his violent offending was alcohol related.

Information before the Board also indicates the applicant’s mental health has been problematic for some time, and it is reported he has had differing diagnoses over the years, most recently Bi-polar Disorder.  The applicant has been prescribed medication in the last 5 years for his condition but at the time of his offending, he had stopped taking his medication and was drinking heavily, in addition to having lost employment. The applicant has continued to comply with his medication regime while in custody.

The applicant does have some prospects for rehabilitation. While in custody, he has engaged in therapeutic intervention in relation to his offending and drug and alcohol abuse. He has completed the Gottawanna Alcohol and Drug program and Equips Aggression program.

Exits reports from both programs suggest the applicant has gained insight into the negative impact of his past drug use and lifestyle on himself and others around him and could identify some of the triggers for his behaviour and the impact of these on his risk of re-offending.

On interview before the Board, the applicant stated his incarceration had given him time to consider his past behaviour and was able to identify strategies he would employ to manage his emotional responses and anger in the community. Additionally, the applicant noted he had previously engaged with a psychologist in relation to his mental health and felt this would be an important factor in managing his behaviour.

The applicant is currently classified minimum security and is employed in the minimum security prison as a general hand in Woodwork. The applicant did have 3 internal offences recorded in the past 12 months, one of which was drug-related in early 2020 and led to a regression in classification to medium.  Case notes however are positive and indicate the applicant worked to make changes and returned to a minimum classification within a few months.

The applicant has a supportive family, including his current partner and adult children from previous relationships, all of whom have visited him during his custodial sentence. The accommodation nominated by the applicant is with extended family members and has been assessed as suitable and pro-social.

Community Corrections have assessed the applicant as being a high-risk offender due to his history of violent offending. However, the pre-parole report notes the applicant has engaged in programs in the prison to address his offending, and his behaviour and case notes are positive, suggesting the applicant would have the ability to comply with the conditions of parole.  As such, he has been assessed as suitable for parole.

The Board concurs with this assessment and are satisfied the structure and support provided by a parole order will assist in the management of any identified risks by ensuring the applicant continues to engage in appropriate therapeutic interventions while in the community.

The Board’s determination

Parole approved

Special Conditions

• Must engage with a general practitioner to be assessed for a mental health plan and engage with any psychological counselling recommended by that plan
• Must engage in an appropriate alcohol and drug program.

Paroled from 27 January 2021 - 25 March 2022