Parole Board Decision

In the Matter of Corrections Act 1997

and

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

29 April 2022

Reasons for Decision

The Background:

Nicholas John Barratt (‘the applicant’) is serving a sentence of imprisonment imposed upon conviction on charges of aggravated burglary and aggravated armed robbery.

The applicant became eligible to be considered for a parole order on 1 May 2022.

The applicant appeared before the Board in respect of his/her application at the hearing on 29 April 2022.

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 victim

There is a registered victim.

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 serving a sentence of imprisonment relating to an apparently  pre-meditated home invasion carried out with a co-offender. Both men entered the home of the 66-year-old victim who was known to them, disguised with stockings over their heads and with the co-offender brandishing a car jack for use as a weapon.  The impact on the victim was significant, and the Board has considered the information contained in a victim impact statement provided to the Court at the time of sentencing.

The applicant unfortunately has a prior history for crimes of violence, although there is a gap in serious offending between 2013 and the index offences in 2018.  The applicant reports he had commenced use and became addicted to Methamphetamine (ICE) which had led to poor finances, loss of rental accommodation, loss of employment and loss of contact with family, all of which contributed to his current offending.

The applicant has some prospect for rehabilitation. He reports that while on bail for these offences, he had remained drug free and not offended for 2 years prior to entering custody in 2018. The applicant maintains he has continued abstinence in custody, although information provided identifies he was charged with an internal offence relating to possession of Buprenorphine in 2021.

Concerningly, the applicant’s history of compliance within the custodial setting does reflect a pattern of aggressive and poor behaviour with several internal offences relating to assaults on other prisoners or persons, and possession of unauthorised items being recorded between January and August 2021. The applicant’s compliance on previous supervision orders is also sporadic, with revocation of a 2007 parole order in 2008 due to reoffending, but some engagement in completion of Community Service orders in 2012 and 2013.

However, the last recorded internal offence was in August 2021 and the applicant has recently attained a minimum-security rating but remains housed in the medium security prison waiting for accommodation space in minimum-security. He is currently employed as a machinist in the prison sewing room. Recent case notes reflect compliant and appropriate behaviour.

It is unfortunate that due to his initial accommodation at the Hobart Reception prison and now in the medium precinct, the applicant has not been able to access appropriate therapeutic interventions to address his offending and drug use. He has had access to regular counselling to assist in managing previous trauma. The applicant has indicated a desire to engage in such intervention in the community, expressing as primary motivation the importance of being able to re-engage with his children who he has maintained phone contact with during his time in custody.

The applicant has nominated suitable accommodation and has pro-social family support.

Concerns have been raised by Community Corrections regarding the applicant’s capacity to comply with the strict conditions of parole, noting the lack of appropriate intervention relating to his aggressive behaviour and compliance issues both in custody and in the community.

However, it appears barriers continue to exist for the applicant to access appropriate intervention in custody due limited access, long waiting lists and lack of accommodation space within the prison to facilitate access.

While the applicant has been assessed as presenting with multiple criminogenic risks requiring high level intervention and support, the Board determines these risks can be better managed in the community with access to therapeutic intervention and the strict conditions of a parole order.  The applicant presented as motivated to engage and has been assessed as suitable for electronic monitoring which will assist in monitoring of compliance with parole conditions and management of identified risk factors.

The Board’s determination:

Parole Granted

Special conditions applied:

• Submit to electronic monitoring
• No contact directly or indirectly with the victim
• To be excluded from entering a specified township

Paroled from 10 May 2022 - 1 November 2023