Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Dylan Maxwell Cocker

28 October 2022

Reasons for Decision

The Background:

Dylan Maxwell COCKER (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Recklessly discharging a firearm x2, Possess loaded firearm in a vehicle in a public place x2, Possess ammunition when not the holder of the appropriate firearm licence, Possess firearm when not the holder of a firearm licence of the appropriate category, Possess silencer x2, Drive whilst driver licence is suspended and Evading police.

The applicant became eligible for a parole order from the 29/04/2022.

The applicant appeared before the Parole Board at its hearing on the 28/10/2022, that application having been adjourned twice since the 10/03/2022 due to the absence of suitable accommodation and a change in the eligibility date for parole.  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 being sentenced for these matters The Honourable Justice Pearce accepted that the applicant was capable of being a “law abiding and productive member of the community” having demonstrated this in the past and accordingly allowed for the shortest possible non parole period.

The applicant has some history of violence particularly in a domestic context.  Factors considered to have been contributory in the past to his offending have been his use of cannabis and methylamphetamine.

Whilst the applicant had been unable to progress his classification from maximum security and has a mixture of positive and negative case notes, he has made a concerted effort to change his behaviour over the past months and has received good feedback from his work as a wardsman.  The applicant’s security classification may, in large part, be a consequence of a history of internal offending, however, his last internal offence occurred in March 2022 when he was booked for insolent behaviour.  As a consequence of the applicant’s security rating, he has not been able to access any therapeutic interventions but has participated in brief counselling from the prison’s intervention officer and remains on the wait list for alcohol and drug counselling.

The applicant has suitable accommodation available to him were he to be released on a parole order. There are also reasonable employment prospects considering his history of engagement in employment.  His engagement with release planning has been good and he is described as demonstrating an understanding of the negative impacts drug use has had upon his life.

The applicant is motivated toward a pro social lifestyle particularly for his family noting that recently his mother has been unwell.

The applicant’s offending behaviour has caused significant and enduring distress to his victim and her loved ones.  However the changes noted in his behaviour and attitude suggest that he is able and willing to comply with parole conditions which will include an order prohibiting him from having any contact with her.

The Board’s determination:

Parole is approved.

• Special conditions applied:

Paroled from 8 November 2022 - 5 August 2023