Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by David Allan Williams

12 November 2021

Reasons for Decision

The Background:

David Allan Williams (‘the applicant’) is currently serving a sentence of imprisonment of 14 months with a non-parole period of 7 months imposed upon conviction for charges of aggravated burglary, assault and unlawfully injure property.

The applicant became eligible to be considered for parole on 21 November 2021.

The applicant appeared before the Board in respect of his application at the Board’s meeting of 12 November 2021.

On that occasion the applicant was invited to provide any information he had in support of his application and made himself/herself 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.

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.”

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 punish for the criminal wrongdoing.

Consideration:

The applicant is now 29 years old and is serving his sentence in relation to offending that occurred four years previously. At that time he, together with a co-offender, went to the victim’s unit with the intention of assaulting him in retribution for an alleged assault by the victim against a 12-year-old female friend earlier in the day.  Both the applicant and his co-offender had consumed a significant amount of alcohol. The applicant’s co-offender was armed with a blockbuster, and while the applicant was not involved in striking the victim, the Court found he aided and abetted the crime.

The applicant has a longstanding prior criminal history with some relevant priors for crimes of violence and dishonesty.  A contributing factor to the applicant’s offending has been his abuse of alcohol, a factor acknowledged by the applicant in addition to reported abuse of illicit drugs.  Information indicates the applicant now asserts he is drug free and had ceased alcohol use for some time prior to incarceration.

While the applicant has had a patchy history of compliance in relation to past supervision and probation orders, more recently he was able to comply with a 2019 Home Detention Monitoring order and was assessed as suitable for future Community Corrections Orders.

It is clear this applicant has capacity to achieve change in his life.  Prior to sentencing for these offences, the applicant asserts he had been drug free for 16 months, had moved away from old associates and was living with pro-social and supportive friends and engaged in employment.

During his custodial sentence he has also demonstrated compliance and an ability to exist within the strict rules of a prison environment. He has attained a medium classification and no internal offending is recorded. Case notes reveal he is employed as a wardsman and is compliant and conscientious in performing his work tasks.

The applicant has unfortunately not been able to access therapeutic programs and remains on the waitlist for EQUIPS Addiction and alcohol and drug counselling due to factors largely beyond his control. Community Corrections have confirmed similar programs can be accessed by the applicant in the community to assist him to continue to address and avoid returning to substance use and pro-criminal behaviour.

On interview, in acknowledging poor decision-making in acting in retribution against the victim, the applicant reported he felt he had his life back on track prior to incarceration, and stated he was motivated to avoid returning to a life of drugs and pro-criminal activities and associations.  The applicant has suitable accommodation available to him on release and continues to enjoy support from his partner and close friends who have assisted him.

Community Corrections have assessed the applicant has suitable for a parole order, and the Board concurs with assessment.  Any identified risks or needs can be adequately managed by supervision and engagement in appropriate therapeutic intervention in the community.

The Board’s determination

Parole Approved

Special Conditions

• Must not contact or associate with a named co-offender

Paroled from 22 November 2021 - 21 June 2022