Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Nicholas John Wright

14 May 2021

Reasons for Decision

The Background:

Nicholas John Wright (“the applicant”) is serving a sentence of imprisonment of 3 years imposed upon his conviction for Aggravated Armed Robbery and Unlawfully Injuring Property.

The applicant became eligible to be considered for a parole order on the 21^st of Mary 2021

The applicant appeared before the Parole Board at its hearing on the 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

The applicant has a lengthy record for offending.  This is not his first sentence of imprisonment.  Nevertheless at the time of his sentencing for these matters the Court per Geason J, believed that the applicant was not without hope for reform noting that “there is some prospect that you can make something useful of your life.”.

Complicit in the applicant’s offending behaviour in the past has been his use of illicit substances. Whilst serving his custodial sentence the applicant has pursued his intention to change by accessing alcohol and drug counselling and undertaking a resilience program.  He has maintained a medium classification and case notes reflect positive behaviour.

The applicant has also engaged well with planning and integration support within the prison. Assistance provided has included the facilitating of support for the applicant through the National Disability Insurance Scheme.  As a result, the applicant will have the benefit of support from support workers daily to achieve his social, economic and civic needs within the community.

Assessment undertaken by Community Corrections have identified that the applicant would be a suitable candidate for a parole order.  Specifically, it is noted that supervision on parole would be a complimentary adjunct to the support the applicant will receive via the NDIS, his accommodation is supported, and suitable and electronic monitoring will provide a useful tool to check appropriate compliance.

The applicant’s offending involved the armed robbery of a taxi driver.  There is no doubt that in providing the services they do to community members taxi drivers are vulnerable to this type of crime.  There is also no doubt that this crime will have a longstanding and negative impact upon the victim not the least of which will be the loss of the sense of safety and confidence that all community members should hold when going about their day and night’s work.

The applicant is motivated to return to the community and remain drug and offence free.  His current circumstances most likely represent his best prospect of doing so.  He will have the support of supervision as well as that which will be provided through the NDIS.

The Board’s determination

Parole is approved

Paroled from  24 May 2021 - 21 August 2022