Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Aaron Jacob Wright

10 December 2021

Reasons for Decision

The Background:

Aaron Jacob WRIGHT (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Assault x2 and Unlawfully Injuring Property.

The applicant became eligible to be considered for a parole order on the 30/09/2021.

The applicant appeared before the Parole Board, initially at its hearing on the 17/09/2021.  On that occasion the hearing of the application was adjourned so that the applicant could complete the Family Violence Offender Intervention Program, which he did and his application was brought back before the Board for hearing on the 10/12/2021. 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 of 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:

The applicant’s offending occurred in the context of a domestic relationship.  The victim was his then partner, the offending occurred in her home and, in part, in the presence of her young children.  The applicant’s assault on her was violent and prolonged.  In considering the suitability of the applicant for parole the Board have had regard to the victim’s statement to it.  It is accepted that the claimant has, by reason of the applicant’s conduct been exposed to significant, repeated and sustained violence including multiple strangulations, and blows to the head and body.  The impact on the victim and her children are immense and will be long lasting.

The applicant, concerningly, has a prior criminal history involving matters of violence including in the context of domestic personal relationships.  His compliance with orders is also of some concern.  He has been convicted of offences which were in breach of family violence orders, breached a 2014 Probation Order and these current charges prevented his completion of a Drug Treatment Order in 2016. He did, however, successfully complete a parole order in 2012.

Matters which have been identified as contributory to the applicant’s offending are his use of alcohol and drugs and his mental health.  He has engaged with and completed the Equips (Addiction) course and the Family Violence Offender Intervention Program in an effort to address his offending behaviour and drug and alcohol addiction.

Material change appears to have occurred in the applicant’s behaviour during the term of his sentence. In 2020 he was found to have breached Prison regulations by trafficking and having possession of Tramadol.  There have been no further bookings since these matters.  He has progressed through the prison system achieving minimum classification and maintaining employment.

The applicant describes his offending as a “massive wake up call” for him.  He attributes in part his offending to his poor choice to remove himself from the S8 program.  He has now recommenced on the program.  He has also engaged with Beyond the Wire and has the support of the program upon release. He also has available suitable and supportive accommodation for his release.

The exit report of the Equips Addiction Program describes the applicant as having demonstrated good insight into his “unhelpful thinking patterns”.  Strategies for change to a pro social lifestyle were explored with him and he is described as assuming a leadership role during the program.  The facilitators of the family violence course noted that the applicant was assessed pre treatment as having a moderate risk level for violent recidivism.  Areas of need and focus in the program were his violent lifestyle, criminal attitude, peers, emotional control, aggression, substance abuse, relationship stability, impulsivity and compliance with community supervision. The observation was made during the program that the applicant’s offending appeared to be influenced by significant anxiety and that from its commencement the applicant took the content seriously, contributing beyond expectations.  The recommendation coming from the program is that the applicant needs to engage with counselling upon release to address his anxiety. Community Corrections have assessed the applicant, post completion of the family violence course, to be appropriate for parole with supervision focused on ongoing psychological and alcohol and drug counselling.

The applicant has strong family and pro social support available to him upon his return to the community.  He has demonstrated the desire to address his offending behaviour and tendency to resort to violence by his positive engagement in programs during his custodial term.  He is aware that he needs to remain drug abstinent and sustain his mental health, particularly as to his anxiety, to achieve positive and enduring change. The applicant demonstrates good insight and understanding into these needs.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental Health Care Plan

Paroled from 21 December 2021 - 31 December 2022