Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mitchell John Campbell

8 April 2022

Reasons for Decision

The Background:

Mitchell John CAMPBELL (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Trafficking in controlled substance x2.  He also had a parole order revoked in 2021 resulting in the period he had been out of prison serving his sentence on that order added to his sentence – a period of 2 years, 2 months, and 28 days.

The applicant became eligible to be considered for a parole order on the 16/11/2021.

The applicant appeared before the Parole Board at its hearing on the 08/04/2022 after having been adjourned from the 10/03/2022 meeting at the applicant’s request.  On the hearing of the application the applicant was present 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 has previously been afforded the opportunity for parole that order commencing on the 14/09/2020.  He remained on that order until its revocation on the 26/11/21.  By that time, he had been on parole for over a year and had one year, approximately, before its completion.  The order was revoked due to the applicant being charged for new offending alleged to have occurred during the parole period.  Specifically, he was charged with possession of a controlled drug and restricted substances.

Community risk is a significant consideration relevant to the suitability of an applicant for parole. The engagement of a parolee in criminal behaviour whilst on parole is a significant and negative factor toward the granting of a future period of parole.  In this context the comments on passing sentence for the trafficking matters, for which the applicant was serving his sentence, that the circumstances of those crimes were such that the applicant demonstrated a “disregard for the law” and a “strong commitment to the unlawful activity of drug trafficking”, resonate.

Except for failing to provide a sample, claimed by the applicant to be a result of physiological matters as opposed to a deliberate decision to avoid the detection of illicit use, the claimant has demonstrated consistently compliant behaviour upon his return to prison. He has not, however, had the opportunity to engage in any further therapeutic courses or release planning due largely to matters beyond his control.  He has continued working in the woodwork area being described as an “excellent worker”.

The applicant has a pro social, stable and supportive family and suitable accommodation for release. The applicant spoke at hearing of the significant toll that his drug use and offending has had upon himself and his family.  He states that he has been diagnosed with an issue with his heart due to drug use which is currently the subject of medical investigation.  These matters, he asserts, serve as a significant motivation for him to remain drug abstinent.

Whilst the applicant’s previous parole order was revoked this occurred after a significant period of compliant behaviour whilst on the order.  Whilst it is significant that he was unable to sustain that behaviour and indeed has been charged on matters relating to unlawful drug possession he has demonstrated positive and compliant behaviour upon his return to custody.  It is the view of the Board that the applicant’s rehabilitation would be best served by his return under the supervision of a parole order to the community.

The Board’s determination:

Parole is approved

Paroled from 20 April 2022 - 12 February 2024