Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shannon Louise Brown

27 May 2022

Reasons for Decision

The Background:

Shannon Louise Brown (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction on charges of aggravated burglary, burglary, stealing.

The applicant became eligible to be considered for parole on 28 May 2022.

The applicant appeared before the Board in respect of her application at the hearing on 27 May 2022. On that occasion the applicant 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 had been 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 punish for the criminal wrongdoing.

Consideration:

The applicant has a recent history of serious dishonesty offending that appears to be inextricably linked to her reported escalation of intravenous use of methamphetamine occurring after the death of her long-term partner in 2018.  Her use of the drug was exacerbated by a sexual assault suffered in late 2019 while she and her young daughter were suffering a period of homelessness. She reports the increase in use caused her to steal to be able to fund her addiction.

Prior to this the applicant reported she had previously only used the drug “on and off” socially since 2013 and has had periods of stable employment in business administration and hospitality.

In her written application to the Board the applicant suggests the time she has spent in prison to date has provided an opportunity to reflect on the poor choices she has made since 2019 that led to her incarceration and a recognition of a need to change.

Her behaviour in custody suggests she is well on the way to making the required changes in her life. She has actively engaged in several programs and courses including the Inside/Out program, Circle of Security, Healthy Lifestyles, alcohol and drug counselling. She is also engaged with therapeutic counselling through an external service provider regarding trauma associated with the sexual assault. Reports provided to the Board indicate the applicant has engaged well in drug and alcohol counselling, has completed an extensive relapse and prevention plan, and has a good level of self-awareness with strategies to mitigate her risks.

Additionally, case notes reflected the applicant has been employed in various roles during her custodial sentence, including as a kitchen cleaner, laundry folder and most recently as a kitchen hand.  She has attained minimum security classification and is accommodated in the minimum-security Vanessa Goodwin units. She completed a Barista course in 2021 and has been participating in Section 42 leave to enable her to work on Sundays in a café within the Christian Family Centre, close to her approved suitable accommodation. She has also been involved in the MHWP Peer support program assisting to support new inmates.

While the applicant struggled in the past to comply with a Drug Treatment Order due to continued use of amphetamines, the applicant presented as understanding the importance of engaging with the support services she has available to her in the community to give her the best opportunity to succeed on parole.

Community Corrections have assessed the applicant as requiring a high level of intervention but suggest she is suitable for a parole order to assist her in rehabilitation and reintegration into the community.  The applicant appears motivated to continue engagement with the therapeutic supports and services that she has connected with while in prison to avoid relapse and reoffending.

Based on the factors outlined the Board is satisfied the applicant meets the statutory criteria to be suitable for parole.

The Board’s determination

Parole Granted

Parole from 6 June 2022 - 28 May 2023