Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Cody David Brown

19 August 2022

Reasons for Decision

The Background:

Cody David Brown (‘the applicant’) is currently serving a sentence of imprisonment imposed upon his conviction on several charges including stealing, evade police, motor vehicle stealing, attempted motor vehicle stealing, drive with a prescribed illicit drug present in blood, drive while not holder of a driver’s licence x3, reckless driving and several firearms offences.

The applicant has previously had the benefit of parole orders, one in 2017 which he successfully completed, and a further order granted by the Board on 11 June 2021, which was ultimately revoked on 10 December 2021 due to non-compliance.

The applicant became eligible to be considered for parole on 8 December 2021. His application was adjourned on 11 March 2022 and again on 27 May 2022, due to lack of suitable accommodation, outstanding court matters and the need for the applicant to demonstrate improvement of behaviour in custody.

The applicant ultimately appeared before the Board at the hearing on 19 August 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 has a long record of prior offending including driving offences and has had the benefit of parole in the past.  The applicant completed a parole order successfully between 8 February 2017 and 15 November 2017, however more recently he struggled with compliance when granted parole on 24 June 2021 and the order was ultimately revoked just prior to the date due for completion.

Since his return to custody, the applicant has to some extent demonstrated a willingness to rehabilitate and make lifestyle changes and has generally maintained compliance with prison regulations.  He has completed the EQUIPS Addiction Group with reported positive and active engagement and has engaged in other support programs including a parent support program the “Hippy Program”, and “Just Moving On”.

Regrettably, despite a good period of compliance which led to the applicant attaining a minimum classification, in May 2022 the applicant was charged with 2 internal offences relating to illicit use of buprenorphine.  Information provided to the Board indicates that the applicant reports developing an addiction to this substance while in custody previously and it was the use of this that led to the revocation of his last parole order. At his last appearance before the Board in May 2022, the application was adjourned, and the applicant encouraged to focus on maintaining good behaviour in custody prior to next appearing.

Recent information reflects the applicant has indeed focused on improving behaviour and no further offending has occurred.  Notably the applicant has also commenced pharmacotherapy and is stabilised on the medication. At interview the applicant reported his illicit use of buprenorphine was a factor in his reoffending and internal offending and commencing pharmacotherapy has greatly assisted in his ability to remain stable and focus on behaviour.

Throughout his custodial sentence, the applicant has received support from Beyond the Wire and case notes reflect continuous positive engagement with his planning officer and Save the Children in relation to the applicant’s reconnection with his children. If released into the community the applicant will continue to receive support from Beyond the Wire and the HIPPY program.

The applicant has suitable accommodation which is pro-social, supportive and suitable for electronic monitoring which would assist in monitoring the applicant’s risks of relapse and reoffending.

The applicant has been recommended by Community Corrections as suitable for parole. Given the existence of ongoing support through Beyond the Wire, suitable pro social accommodation and the applicant’s recent positive improvement toward lifestyle change, the Board considered it appropriate to grant the applicant parole.

The Board’s determination:

Parole Granted

Special conditions applied:

• Must submit to electronic monitoring of parole conditions

Paroled from 29 August 2022 - 8 June 2023