Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shaun Anthony Dennison

28 October 2022

Reasons for Decision

The Background:

Shaun Anthony DENNISON (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Aggravated Carjacking, Unlawfully Setting Fire to Property, Aggravated Burglary and Assault.

The applicant became eligible for a parole order from the 28/07/2022.

The applicant appeared before the Parole Board at its hearing on the 22/07/2022 however the application had to be adjourned to enable the applicant to find suitable accommodation.  The application next came before the Board at its meeting of the 30/09/2022 but was again adjourned for further information to be obtained including the availability of electronic monitoring at the proposed address.  The application was ultimately heard on the 28/10/2022. 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 has in the past embraced a criminal, anti-social lifestyle.  His lengthy criminal record consists largely of matters of dishonesty and driving and some instances of violent offending.  In light of that history he has had previous involvement with Community Corrections on Probation, Community Service and Court Mandated Diversion orders.  Their supervision of him under those orders has been in the past frustrated by his offending resulting in sentences of imprisonment and by the instability of his personal circumstances.

The applicant’s lifestyle has, since his early childhood, been marked by instability and neglect. He has developed a drug dependency which has contributed to his offending behaviour.  However, he is now in his early thirties and spent a lengthy period in prison under the current sentence.  He claims to have reached a good “mindset” which gives him a belief that he would be capable of successfully completing a parole period.  Indeed, a growth in maturity is commented upon in his behavioural case notes from the prison and by Planning and Reintegration staff.

During this custodial period the applicant has been employed as a barber and has undertaken the Resilience Program which he completed in June 2021.  He has remained on a wait list for Drug and Alcohol Counselling since June 2021.  Were he to be released on a Parole Order his supervision will include a focus on linking the applicant with services and programs directed toward his drug abuse history.  In January 2022 he was booked within the prison for possession of or consuming alcohol or a drug after a failed urinary drug screen.  He has been tested on two further occasions without the detection of unauthorised drugs in his system.

The applicant’s offending was significant and there are victims to his actions.  In respect of the carjacking, he pointed a loaded sawn-off shotgun at the face of a man opening the gate to his property.  In respect of the aggravated burglary he, in the company of others, entered the home of a woman to steal money.  Whilst there one of the group conducted a significant assault on the woman at the residence.  This has not only had a significant physical impact on her but also has destroyed for her the sense of security and happiness that all of us are entitled to feel in our own homes, materially altering the course of her life.

At sentencing for the carjacking matter and in the context of submissions regarding the applicant’s potential for rehabilitation, His Honour Justice Brett observed;

“…I have no doubt that you do have that capacity, but nobody can change your life for you. You will only achieve rehabilitation if you commit yourself to that course.  I see little evidence of real and sustained committment to date, but it would appear that the support is there for you if you choose to take that course.”

The applicant does have pro-social support in the community available to him if he wished to utilise it. Suitable accommodation has been made available for him during the parole period.  Whilst he acknowledged that prior to sentence he had an anti-social mindset he asserts that this is no longer the case.  He no longer wishes to live the lifestyle he has before.  He is motivated by his family and his understanding that his commission of crime and drug use has not bought him any enduring happiness or sense of achievement in his life.  He wishes to obtain employment and engage in playing football.  If he is able to achieve this it will expose him to a pro-social cohort which will also be a positive factor for achieving persistent change.

The applicant can achieve a pro-social lifestyle.  He has demonstrated a motivation to do so by writing to all universities in Australia whilst imprisoned to undertake a course in Law.  He was able to engage in a pre-tertiary unit.  He has been accepted as part of the Beyond the Wire Program which will be an additional layer of support for him.  He has been assessed by Community Corrections as suitable for a Parole Order.

The Board’s determination:

Parole is approved.

• Special conditions applied:
• Electronic monitoring
• Non contact with certain named persons

Paroled from 8 November 2022 - 28 April 2025