Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Vanessa Lee Wolf

17 September 2021

Reasons for Decision

The Background:

Vanessa Lee Wolf (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for trafficking in a controlled substance and dealing with the proceeds of crime.

The applicant became eligible to be considered for a parole order on the on the 31st of August 2021.

The applicant appeared before the Parole Board at its hearing on the 17^th September following the earlier adjournment of her matter from the 20^th of August 2021 due to the lack of suitable accommodation.  The applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself available for questioning by the Board.

A pre-parole report prepared on behalf the Board was read to the applicant prior to her 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 applicant has previously been successful in receiving grants of parole.  However an order granted on the 19^th of March 2019 was ultimately revoked on the 10^th of January 2020 due to new offending. During the duration of the order the applicant struggled with compliance with the need to have her brought back before the Board on one occasion due to drug use.  The fact that the applicant ultimately engaged in offending whilst under a parole order is a significant concern when assessing her suitability for a parole order in the current application.

That offending was discovered on the 21^st of December 2019 when the applicant was found in possession of a quantity of crystal methamphetamine, packaged for sale, and which was estimated would have returned to her a sale value of between $7570 - $26500.  Investigation of her phone records revealed the applicant had been engaged in the sale of drugs since at least early October 2019.

It is likely that the applicant’s own use of ice was a factor in her offending.  She is also, to some extent, a product of a traumatic history of sexual and domestic abuse as a child and an adult which has affected her relationships.  The applicant has a criminal history commencing with stealing at the age of 16 years.  In light of that history, she has come under community supervision in the past.  In 2011 she completed a parole order with good reports as to her level of compliance however since then has been unable to complete an attempt at Court Mandated Diversion and Community Service and Probation Orders.  As noted above the last period of parole was revoked due to the applicant committing the trafficking offences whilst under that order.

The applicant has been able, for a significant period, to serve her sentence in a compliant and positive manner.  She has achieved a minimum classification and is accommodated in the Vanessa Goodwin units. She has also engaged in therapeutic and vocational courses to improve her circumstances.  The applicant has been described as an “increasingly insightful participant” in her case management. The exit report for the Equips Foundation Program undertaken by her, notes that she demonstrated insight and motivation to address the attitudes and behaviour that resulted in the past in her offending behaviour.  In part her motivation comes from her children with whom she is determined to reconnect in a positive and functional manner.  She has been assessed by Community Corrections as suitable for a parole order.

If granted parole the applicant has available to her supportive accommodation which has been assessed as suitable for her needs whilst on an order.  The applicant presents with greater focus and determination to achieve a pro social lifestyle and reconnection with her family.  She appears to have continued to mature and develop and has benefitted from participating in the resilience program.  The Board believe the applicant has the ability and focus to successfully complete a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• To obtain and comply with a mental health care plan

Paroled from 27 September 2021 - 30 June 2022