Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Casey Richard Cowen

14 January 2022

Reasons for Decision

The Background:

Casey Richard Cowen (‘the applicant’) is currently serving a sentence of imprisonment of 5 years and 6 months imposed upon conviction on charges of aggravated burglary, aggravated armed robbery and unlawful setting to property.

The applicant was initially released to parole on 26 May 2021, but due to non-compliance with his parole conditions, the parole order was revoked in on 3 September 2021.

The applicant again applied for parole and appeared before the Board in respect of his current application at the hearing on 14 January 2022. 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.

Registered victim

There is a registered victim.

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’s offending occurred on single occasion, in concert with two other offenders, and involved a serious home invasion in the middle of the night no doubt terrifying the victims, a father and daughter who were residents of the home. The offenders entered the home brandishing weapons with the intent to steal drugs, and the offences occurred over a protracted period during which the victims were threatened and menaced with the weapons.

The applicant has a lengthy criminal history, characterised by crimes of violence and dishonesty, and has previously been non-compliant with supervision in the community under community services orders. Despite this, in granting a parole order in May 2021, the Board recognised prospect for change based on the applicant’s capacity to maintain compliance in a custodial setting, and his history of periods of abstinence and gainful employment in the fishing industry.

Unfortunately, despite initial engagement with the parole order, the applicant was unable to remain abstinent in the community.  Due to re-engagement with pro-criminal associates in the community, he lapsed into drug use, resulting in several failed urinalysis tests, showing presence of amphetamine and flushed samples, ultimately leading to revocation of the order in September 2021.

Since his return to custody, the applicant has continued to demonstrate compliance, has attained a minimum classification, and is employed as a wardsman.  Case notes are of a positive nature and reflect the applicant has demonstrated an improved understanding of the poor choices that led to the parole revocation.

There appears to remain some prospect for change. The applicant has continued to express motivation to remain abstinent in the community and demonstrated willingness to re-engage with his alcohol and drug counsellor. At interview, the applicant was able to outline strategies and goals to assist him to avoid relapse, and openly acknowledged the negative impact drugs have had on his life to date, including the effect on the relationship and care of his teenage son.

Additional protective factors including suitable and pro-social accommodation, strong family support and reconnection with the applicant’s teenage son should assist in providing the applicant with important support to reintegrate into the community.

The applicant has been assessed by Community Corrections as suitable for parole despite requiring a high level of intervention.  This assessment is based on the existence of appropriate supports and the ability to adequately monitor the identified risks through electronic monitoring of parole conditions.

The Board agree with this assessment and accordingly the application for parole is approved.

The Board’s determination:

Parole Granted

Special conditions applied:

• Subject to electronic monitoring
• Non-contact conditions in relation to registered victim
• Non-contact condition in relation to co-offenders.

Paroled from 25 January 2022 - 10 May 2024