Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Matthew Patrick Gasparin

13 May 2022

Reasons for Decision

The Background:

Matthew Patrick GASPARIN (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Attempted Armed Robbery.

The applicant became eligible to be considered for a parole order on the 14/05/2022.

The applicant appeared before the Parole Board at its hearing on the 11/05/2022.  On that occasion the hearing was conducted by video link.  The applicant did not object to the hearing proceeding in this way 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:

On the 7/04/2021 at 3.15pm the applicant donned a balaclava and entered a retail store in Moonah.  He was armed with a steak knife.  At the shop were two customers and the manager. The applicant demanded money from the till.  The manager refused and retreated looking herself in a room at the end of the store. The applicant attempted to kick the door down before trying to find the till.  Whilst he was doing so the police entered and apprehended him.

The actions of the applicant were not typical of him.  He had no criminal history for crimes of dishonesty.  His record relates primarily to traffic offences which in turn reflect the applicant’s struggle with alcohol.  At sentencing the Trial Judge noted and accepted the applicant’s genuine remorse at his conduct.

The applicant has served his sentence compliantly.  He has moved through the system to a minimum classification.  He has worked as a general hand in the bakehouse and has engaged in the therapeutic course, Gottawanna.  The applicant has also had the benefit of s42 release from the prison to attend Artist with Conviction event with no issues of compliance.

Prior to his offending the applicant held long term employment.  He holds a trade and it appears that there is some prospect for him obtaining work upon his release from prison.  The applicant has significant pro social supports available to him in the community and has previously been compliant when supervised on a Community Service Order in 2009.

The applicant attributes his behaviour to his struggle with alcohol.  He states that alcohol took over his life.  He is horrified as to the depths that he reached and is motivated to not return to drinking.  He is also obtaining treatment for his mental health which he intends on pursing once released from custody.

The Board finds that the applicant is suitable for a parole order.  Support for his ongoing abstinence from alcohol can be an aspect of his supervision.

The Board’s determination:

Parole is approved

Special conditions applied:

• To obtain and comply with a mental health care plan

Paroled from 18 May 2022 - 14 February 2023