Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Taha Afyouni

14 January 2022

Reasons for Decision

The Background:

Taha Afyouni (‘the applicant’) is currently serving a sentence of imprisonment of 5 years with a non-parole period of 6 months.

The applicant became eligible to be considered for parole on 5 September 2021. At its meeting on 26 November 2021 the Board adjourned the matter to await the outcome of an application for the parole order to be transferred to New South Wales if approved.

The applicant then appeared before the Board in respect of his application at the hearing on 14 January 2022 and 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.

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 punish for the criminal wrongdoing.

Consideration:

The applicant is 25 years of age. The offending that led to his custodial sentence commenced in his early twenties.  Due to the existence of a suppression order imposed by Brett J at the time of sentencing, no further details of the nature or extent of the applicant’s offending can be published.

Information contained in a pre-parole report prepared for the Board indicates the applicant had a strict religious upbringing and generally good education, although left school in Year 11 to commence a trade apprenticeship and work as a plumber. However, involvement with pro-criminal associates saw the applicant developing a significant illicit substance abuse problem at the relatively young age of 18.

The applicant demonstrates good prospects for rehabilitation. The applicant claims he has abstinent from all illicit substances since his incarceration in 2019. During his sentence he has engaged in therapeutic intervention including Gottawanna and individual substance abuse counselling.  The applicant has attained a minimum classification and has been employed during his custodial sentence, as a wardsman, senior hand in the vegetable processing and most recently as an assistant events co-ordinator for sports and recreational activities for inmates.

Reports provided to the Board suggest the applicant has been able to reflect on his offending and the impact on his life and family, particularly as his young son was born during his incarceration.  On interview the applicant asserted coming to prison had given him the opportunity to reflect on his actions and he just wished to return to his family in New South Wales, commence employment and return to being a good member of society.

The applicant appears capable of rehabilitation despite the seriousness of his offending.  He is a relatively young offender; his family have remained supportive despite his offending being contrary to his religious upbringing and he has the opportunity for employment through his family members. He has suitable accommodation in New South Wales and has demonstrated general compliance and adherence to rules in the custodial setting with limited negative case notes.

Community Corrections have assessed the applicant as having a medium risk and needs profile and suitable for a parole order.  Corrective Services New South Wales have approved the application for transfer of parole.

The Board agrees the applicant is suitable for a parole order.  Approval for transfer of the parole order to Community Corrections New South Wales is granted.

The Board’s determination:

Parole Granted

Paroled from 25 January 2022 - 5 March 2024