Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Joel Darren Andrew Cowen

13 May 2022

Reasons for Decision

The Background:

Joel Darren Andrew Cowen (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Aggravated Burglary, Aggravated Armed Robbery, Unlawfully setting fire to property, Parole Revocation, Stealing x 3, Destroy Property and Possess a controlled drug.

The applicant became eligible to be considered for a parole order on the 15/05/2022.

The applicant appeared before the Parole Board at its hearing on the 13/05/2022.  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 was previously granted a parole order on 22/09/2020.  Had he complied with the terms of that order he would have completed it on the 26/08/2022. Unfortunately whilst in the community under the order the applicant breached its terms by drug use and engaging in further offending.  His order was consequently revoked on the 26/08/2022.  He now seeks another opportunity on a parole order.

The applicant has a significant criminal history most predominantly for matters of dishonesty and drug use.  In addition to the aforementioned failure on parole the applicant has a history of struggling to comply with community supervision under Probation and Community Service Orders.

In part the applicant’s failure to have completed successfully his previous parole order may be explained by personal stresses that became evident whilst in the community including difficulties gaining visitation with his daughter and the loss of his employment, the latter being a significant pro social factor for him. These events resulted in the applicant’s return to drug use, disengagement from supervision and further offending.

The applicant is currently classified as medium security and has, on the whole, received positive reports regarding his conduct and attitude within the prison since his return to custody. He has maintained employment within the prison as a general hand in the laundry to good reports.

Since his return the applicant has also engaged with therapeutic services.  Specifically he has received alcohol and drug counselling and completed the resilience program.  The closure report for that program described him as having “genuine pro social attitudes with a desire to incorporate the lessons from the program into his life and was a positive addition to the group”.

The applicant has suitable accommodation available for him to reside at during the parole term.  He has an array of supports available to him through SETAC, the NDIS and his family and appears determined to effect change not only for himself but for his daughter who is currently in care and in need of him as a pro social and positive influence.  In his application for parole the applicant refers to his past failure on an order as a “big wake up call”.  He considers himself better equipped to succeed.

The Board accepts the applicant’s genuine determination to change not only for himself but to provide for his daughter a better lifestyle.  He has available to him the supports needed to effect this change and is intending to pursue ongoing alcohol and drug treatment through the Bridge Program.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring
• No contact with the victims of his offending

Paroled from 24 May 2022 - 26 June 2023