Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Benny Benjamin Wells

26 March 2021

Reasons for Decision

Offences and Conviction

Benny Benjamin Wells (“the applicant”) is currently serving a term of imprisonment of 2 years and 9 months with a non-parole period of 1 year, 4 months and 15 days imposed upon conviction of charges of arson and dishonestly acquiring a financial advantage.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 28 March 2021.

The applicant appeared before the Board in respect of his application at the hearing on 26 March 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.

Registered Victims

No registered victims

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 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 an apparently deliberate plan proposed by the applicant to set fire to the property of his co-offender Mr Shaw with a view to claiming insurance on the property. It appears this was based on the need to procure financial benefit and alleviate Mr Shaw from the burden of mortgage payments after he had lost his job.

While the applicant has some prior history of crimes of dishonesty and damage to property, they are historic in nature and are reportedly linked to drug use associated with complex trauma from an incident suffered by the applicant in his late teens.  He reports he suffered a period of binge-drinking and drug use in his early twenties in an attempt to block trauma from the event, but has been assisted through long term therapy and support from family and no longer has problems with substance use.

Prior to his incarceration the applicant suffered from historic health issues and chronic pain associated with injuries sustained in a car accident and workplace accident. Additionally, while on remand for his current offending the applicant suffered complications from medication received and now suffers from epilepsy, a condition that is difficult for the applicant to manage in the prison environment. He is now receiving appropriate medical on intervention for this condition which will need to continue on release.

During his custodial sentence, the applicant has demonstrated generally compliant behaviour, and has attained minimum classification. While there is one incident of internal offending recorded in mid- 2020 relating to possession of food items, no further offending is recorded. Until recently when the applicant suffered an injury to his hand, the applicant was employed in a trusted position in the prison laundry.  All case notes regarding the applicant’s behaviour are positive and without issue.

The applicant has participated in some therapeutic intervention to address his offending, having completed the EQUIPS Foundation program and reportedly demonstrated good insight into factors that might contribute to his risk of re-offending.  Notably, on interview the applicant reported that when first charged with his offences, he increased the regularity of the support and therapeutic intervention he had been accessing in the community and will continue to access this on release.

The applicant has several protective factors that would assist him to succeed on a parole order and he has been assessed as suitable due to these factors.   He has strong and close family support, suitable accommodation, and an established professional support network to address both his physical and psychological health needs.

The Board concurs with Community Correction’s assessment of the applicant’s suitability for parole.

The Board’s determination

Parole Granted

Special Conditions

Subject to the normal conditions of a parole order but additionally:

• Must not associate or make contact with by any means with a named individual

Paroled from 7 April 2021 - 13 August 2022