Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Alesha Nyl Prentice

9 December 2022

Reasons for Decision

The Background:

Alesha Nyl PRENTICE (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for Aggravated Armed Robbery, Aggravated Burglary, Computer Related Fraud.

The applicant became eligible for a parole order from the 07/11/2022.

The applicant appeared before the Parole Board at its hearing on the 9/12/2022.  On that occasion 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 of 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:

On the 25^th of October 2020 the applicant entered into a private residence, used a weapon to threaten and assault the occupier and stole his wallet containing cash and cards.  She later used the card to withdraw money from an automatic teller machine.  She has a past record of committing crimes of dishonesty including aggravated burglary and stealing.  Relevant to her offending has been her abuse of drugs and alcohol and poor mental health.

The applicant has served her sentence in a compliant and appropriate manner.  She is housed in the independent living/mother and baby unit at the prison and has worked as a volunteer at the cats home.  She has obtained a Certificate II in kitchen operations skills and also completed a barista and white card course.  In addition to these vocational inputs the applicant has also undertaken some therapeutic work.  She has participated in the DBT skills group and alcohol and drug counselling.

Suitable accommodation has been located for the applicant at which she can serve her parole period and which will provide her individual support.

The applicant was a mature 43 year old woman at the time of her offending.  She targeted an elderly gentleman and invaded the sanctity of his home forever causing him distress and robbing him of the sense of security that we all are entitled to feel when at home.  The applicant recognises that her actions have so negatively and permanently impacted on others and expresses deep regret at her conduct.  She asserts that her sentence has given her the opportunity to reflect on how she was reduced to the position she was at the time of the offending. She has recognised that for the past 24 years of her life she has surrounded herself with partners who were antisocial and engaged in the drug trade and that she has to move away from dysfunctional relationships.  She is aware that it is important that she maintains good mental health and has the assistance of Beyond the Wire to help her access a mental health care plan and ensure the prescription and appropriate use of medication.  For the past three weeks she has been on new medication which has caused a significant improvement in her sleep and mood and which she intends to maintain.

The applicant presents as highly insightful of the causes of her previous behaviour and determined to restart this stage of her life in a pro social and functional way.  She has supports available to her in the community to assist her with this endeavour.  She is suitable for a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health plan
• Electronic monitoring

Paroled from 19 December 2022 - 7 November 2024