Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mark Gordon Bird

11 February 2022

Reasons for Decision

The Background:

Mark Gordon Bird (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Unlawfully Setting Fire to Property, Dishonestly Acquiring a Financial Advantage x2, Arson x2.

The applicant became eligible to be considered for a parole order on the 16/02/2022.

The applicant appeared before the Parole Board at its hearing on the 11/02/2022.  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 of 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 does not have a criminal record of any relevance, and this is his first custodial sentence. The crimes committed by him, however, span a lengthy period from the setting fire to a motor vehicle in 2007, to his home in 2012 and to another home in 2017 all with the aim of obtaining a financial advantage by making fraudulent claims of the relevant insurers.  Factors that have been identified as contributing to the applicant acting the way he did by committing these crimes include his mental health, specifically a post traumatic stress disorder stemming from his military service with the Australian Army, his alcohol abuse, and the desire to achieve a financial gain.  The applicant’s abuse of alcohol commenced following the death of his wife in 2010. He has since repartnered.

The plaintiff has been able to serve his custodial sentence compliantly.  He has not engaged in misbehaviour and has received positive case notes referencing his polite and respectful attitude.  He has worked as a general hand in the cereal room also to positive work reports.  The applicant has been motivated to engage in therapeutic courses to address his offending behaviour however, unfortunately, remains on the wait list for the Gottawanna and Equips Foundation and Addiction programs.

During his incarceration the applicant has been able to access good clinical support for his mental health issues.  He has received psychiatric input, counselling and his medications have been adjusted providing him with stability in his mental functioning and mood. Arrangements are in place for therapeutic services to continue to be available to the applicant upon his release through his treating psychiatrist, psychologist and the Department of Veteran Affairs.  The applicant’s proposed accommodation is suitable and his family and partner remain supportive of him.

The applicant is considered suitable for a parole order.  Any risk he may pose for further offending will be well controlled by his motivation not to return to the prison environment, his focus on his mental wellbeing, the availability of support focusing on that and his abstinence from alcohol.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan

Paroled from  21 February 2022 - 16 February 2024