Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Troy Anthony Colin Clark

25 March 2022

Reasons for Decision

The Background:

Troy Anthony Colin CLARK (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for – Stealing x6, Burglary, Aggravated burglary x2, Computer Related Fraud x6, Attempted computer related fraud, Common Assault x7, Breach of PFVO x8, Breach of bail conditions, and Breach of Interim FVO.

The applicant became eligible to be considered for a parole order on the 04/04/2022.

The applicant appeared before the Parole Board at its hearing on the 25/03/22.  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 has a record for violence.  His lifestyle has included drug and alcohol abuse and engagement with an anti-social cohort.   He has, in the past, had the benefit of community supervision with varied success. The applicant has approached his custodial term with a good level of compliance achieving a minimum classification and is currently housed in the O’Hara independent living units.

Success of the applicant appears to be depend in large part on his motivation to remain drug abstinent, away from destabilising influences and control his anger.  Positive signs exist in this regard with the applicant engaging in courses during his incarceration that are directed toward addressing his criminogenic risks.  Specifically he has engaged in Equips Domestic Abuse and Family Intervention programs and alcohol and drug counselling

Due to the high standard of his behaviour whilst serving his sentence the applicant is a trusted inmate and has accessed s 42 leave without issue to undertake work in the Botanic Gardens. The applicant also has good industrial record and skills having previously been employed as a tree feller and fencer.  He has clear and achievable goals to pursue upon his release vocationally including commencing his own business.

At hearing the applicant asserted that he wished to turn his life around.  He recognised that he needed to remove negative influences and sustain drug abstinence.  He attributes his sentence of imprisonment as providing a circuit breaker, a time out to reflect on his behaviour and recognise the need for change.  Whilst he recognises that he has relapsed in the past he points to a change in “mindset” and a recognition of risk factors that can destabilise his rehabilitation.

The Board recognises that the applicant’s domestic violence occurred over a period of time and subjected the person who should expect nothing but his love and support to fear, pain and humiliation.  The provision of parole in no way detracts from the seriousness of the applicant’s past conduct.  The applicant has conducted himself in a way, and engaged in opportunities in the prison environment which reflect his recognition of the need for him to change and his capacity to do so.

Community Corrections have identified that the applicant has positive familial supports in the community and suitable accommodation at which to serve his parole period.  The Board approves his application for Parole.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring
• Not to contact directly or indirectly named persons
• Not to enter named areas

Paroled from 5 April 222 - 4 May 2023