Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Clinton Charles Wilson

14 May 2021

Reasons for Decision

The Background

Clinton Charles Wilson (“the applicant”) is serving a sentence of imprisonment of 6years and 2 months imposed upon his conviction for Aggravated armed robbery, Unlawful act intended to cause bodily harm and Breach of Suspended Sentence.

The applicant became eligible to be considered for a parole order on the 13^th of April 2021.

The applicant appeared before the Parole Board at its hearing on 14^th of May 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

In what must, for the victim, have been a terrifying experience, the applicant together with three other men hatched and acted upon a plan to lure the young male to the unit you were all, at that time, occupying, stole from him, subjected him to a prolonged and significant beating rendering him unconscious and then took him in the boot of a car.  Luckily for the victim upon regaining consciousness he was able to remove himself from the car and avoid whatever had been his intended fate.

There is no doubt that this course of events continues to impact upon the victim’s health and wellbeing. He is lucky to have survived given the savagery of the attack and the containment of him in the vehicle’s boot heading towards an unknown fate.

Whilst the offending was significant in its violence and the applicant has a lengthy history for crimes including for violence and dishonesty, Pearce J at sentencing saw some prospect for reform, commenting.

“You have said that you are now sorry for what you did.  I accept that you made admissions to the police at the time.  I accept that hope for your rehabilitation is not lost, although you have done little to demonstrate that so far.  With the assistance of prison authorities there has already been some participation in measures directed to reform.”

That hope for reform has been enhanced further whilst the applicant has served his custodial sentence. He has achieved a medium low classification and case notes report a material change in his attitude and behaviour from mid to late 2000 to a more positive and reflective attitude.  He has also worked as a general hand in the vegetable shed and engaged in the equips aggression course on an individual basis and completed also the equips foundation course.  The exit report from the latter course noted that the applicant’s engagement in the program demonstrated an insight and motivation to change his attitude and behaviours to reduce a risk or recidivism.

Reports from the planning and reintegration officers at the prison talk of the applicant having “…demonstrated a considerable and significant growth in the way that he engages during case management”

At his hearing before the Board the applicant also spoke of this change and attributed a large part of his new attitude to the return of his family and their support into his life. He stated that his family had reached out to him after a long period where he has been alienated and alone. He also spoke of a desire to reconnect with his culture.  He has insight into the importance of remaining drug free to achieve his aims and remain connected with his family.

Community Corrections have assessed the applicant as suitable for a parole order noting that his movements will be monitored via electronic monitoring which will provide an extra layer of supervision.

The Board’s determination

Parole is approved

Special conditions applied

• Mental health care plan
• Electronic monitoring
• No contact with the victim

Paroled from 24 May 2021 - 13 March 2024