Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Andrew James Brennan

9 December 2022

Reasons for Decision

The Background:

Andrew James BRENNAN (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for a large number of offences including Burglary, Stealing, computer related fraud, Aggravated Burglary and driving offences.

The applicant applied for parole and appeared before the Parole Board at its hearing on the 09/12/2022 when that application was heard.  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:

At the time of the hearing of his application for parole the applicant was 50 years of age.  He has lived a life marked by frequent criminal offending and interrupted by multiple sentences of imprisonment.  His offending has been contributed to by his mental health and entrenched drug abuse. From an early age he was been subject to violence in his home environment resulting in his resorting to an itinerant street lifestyle.  There is no doubt that his criminogenic lifestyle has become entrenched. Nevertheless, the applicant asserts an intent and motivation for change in his life.  He wants to feel the pride and not disappointment of his children. The question is whether he has the capacity to effect such a change.

The applicant was previously afforded a parole order in respect of a sentence of imprisonment he was serving in Queensland.  That order commenced in August of 2017 and was transferred to Tasmania in September 2017.  The order was successfully completed on the 24/01/2018.  This, of itself, demonstrates that the applicant does have sufficient capacity to be able to abstain from drug use and offending behaviour and comply with the other dictates of a parole order over an extended period.

At the time of his sentencing in respect of some of the matters that form part of the current sentence Blow CJ noted that the applicant had been able to remain off drugs for three years before his return to Tasmania, that he had completed the aforementioned parole period successfully but had derailed as a result of a period of “instability” and at a time when he was subject to a drug treatment order.  This order was ultimately cancelled as a result of the applicant’s significant noncompliance and reoffending.

Since coming into the custodial environment, the applicant’s behaviour has again shifted.  He has demonstrated compliance with the regulations of the prison consistently over the past few years.  His case notes described him in a positive way.  He works as a senior hand in woodwork and is described as a dedicated and skilled member of that team.  The applicant has engaged in vocational study in computer basics, woodwork skills and construction skills.

The applicant has a strong work ethic and has employment available to him on his release.  His proposed accommodation will provide to him extra support and has been assessed as suitable.

When interviewed by the Board the applicant reflected on the impact his drug use has had on his life and relationships generally and his offending behaviour specifically.  He identified that his last use of drugs was prior to his sentence and that he has maintained his sobriety through being on the bivudal program.

The applicant has a recognised capacity to comply with the conditions of a parole order.  His risks lie in a return to drug use and he needs to be alert to destabilising events that may occur in and around him whilst in the community.  He has access to supports that will assist him at those times.  He is considered suitable for a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring

Paroled from 19 December 2022 - 10 February 2024