Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Ryan Michael Zmendak

15 January 2021

Reasons for Decision

Offences and Conviction

Ryan Michael Zmendak (“the applicant”) is currently serving a sentence of imprisonment of 8 years with a non-parole period of 4 years, imposed upon conviction on charges of trafficking in a controlled substance, conspiracy to commit the crime of trafficking, and cultivate and possess a controlled plant or its products.

Parole Eligibility Date

The applicant became eligible to be considered for parole on 15 January 2021.

The applicant appeared before the Board in respect of his application at the hearing on 15 January 2021.

On that occasion the applicant 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 had been read to the applicant prior to his appearance at the hearing.

Registered Victims

Yes

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.”

Documentation

The Board has had regard to the following documents in considering the application: -

1. The application;
2. Comments on passing sentence;
3. Papers provided by the Director of Public Prosecutions;
4. Prison summary;
5. Record of prior convictions;
6. Prison episode summary report;
7. Pre-parole report;
8. Equips Addiction and Gottawanna Reports;
9. Home assessment.

Parole

The system of parole recognises the capacity of some prisoners for 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 by reducing the risk of reoffending and supervising the reintegration of offenders.

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 and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

In making its decision, the Board carefully considers the circumstances of the victim, and has regard to any statement provided to it by the victim, or the parents or guardians of that victim.

Consideration

This applicant’s offending relates to his involvement in 2014 in a chain of distribution for the importation of amphetamines from the United Kingdom to Australia, including into Tasmania. The applicant’s involvement related to two separate packages, one of which was sent to an address in Tasmania provided by the defendant to another individual involved in the distribution who resided in Queensland.  The applicant was also involved in the co-ordination of the distribution of a second package into Tasmania with others, although this package was seized prior to entry into Tasmania.

The applicant has no relevant priors for such serious drug offences. From information provided to the Board, it is apparent the applicant’s offending stemmed from addiction he developed to the drug “Ice” in 2015. Prior to this, the applicant is described as having been a recreational drug user in his early twenties but his use escalated when he began to use “Ice”.  The applicant had been in a stable relationship with his partner and had been employed as production manager in a bakery but ultimately left employment as a result of his addiction issues.

The applicant reportedly completed a drug program while spending time in prison in 2015/16 for prior offending. In comments on passing sentence in 2017, his Honour Justice Estcourt accepted that the applicant had not been using drugs since release from prison and noted the importance of the fact the applicant had taken steps to rehabilitate himself between the commission of the offence and sentencing.

The applicant is currently accommodated in the minimum-security prison having moved there in late 2018.  He has attained a minimum-security classification and although there are two internal offences recorded in mid-2020, case notes regarding the applicant’s behaviour are positive.  The applicant did undertake Section 42 Leave in early 2020 without issue, but due to COVID 19, did not have any further access to leave.

During this custodial sentence, the applicant has also engaged in therapeutic programs including Equips Addiction and Gottawanna. He is reported to have demonstrated a solid understanding of the contributing factors leading to substance use, his own addiction and risk factors for relapse in the community.

The Board are also advised the applicant has recently commenced therapeutic counselling for complex trauma relating to abuse the applicant suffered as a child, with symptoms manifesting in extreme anxiety and panic attacks. He has been prescribed medication which reportedly is assisting him to manage his symptoms in addition to strategies learnt through counselling.

The applicant does have several protective factors regarding his risk for reoffending.  He has a supportive partner and family, has 2 young children, one of whom was born while the applicant has been in custody.  In his application and on interview before the Board the applicant expressed an understanding of how his behaviour had affected his family, and on reflection about his behaviour stated he was motivated to “be a better person”.

The applicant has good prospects for employment on return to the community with family members involved with a road work company and if need be, a return to work at his previous employment in the bakery.

The applicant appears to take responsibility for his actions, expressing remorse for the people he sold illicit drugs to, and understanding the broader impact of his offending on the community.

While the applicant has previously had the benefit of a probation order and failed to engage appropriately, Community Corrections have assessed the applicant has requiring a high level of supervision and have recommended the applicant as suitable for parole due to the structure and support provided by a parole order.

On balancing all factors and noting the applicant’s prospects for rehabilitation, protective factors and willingness to engage in therapeutic intervention, the Board determines the applicant is suitable to be afforded the opportunity for parole.

The Board’s determination

Parole Approved

Special Conditions

Must as soon as practicable on release, commence alcohol and drug counselling to address identified alcohol and drug dependency.

Must attend a General Practitioner to be assessed for a Mental Health Plan and attend psychological counselling as recommended by that plan.

Paroled from 27 January 2021 - 29 January 2025