Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Joel Anthony Gillard

9 December 2022

Reasons for Decision

The Background:

Joel Anthony GILLARD (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Wilful Damage, Enter dwelling with intent by night whilst armed in company, Attempted armed robbery with actual violence x2 Acts intended to cause grievous bodily harm & other malicious acts – unlawfully wound and Burglary, Stealing, Escape Custody.

The applicant became eligible for a parole order from the 23/04/2022.

The applicant’s application for parole has been before the Board on multiple occasions since July 2022 but was adjourned on each occasion due to the absence of suitable accommodation at which the applicant could serve a parole period in the event that an order was granted to him.  Ultimately suitable accommodation was identified and the application could be heard by the Board at its hearing on the 09/12/2022.  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 a significant criminal history.  He has in the past come under the supervision of Community Corrections under a Parole Order which commenced in March 2020 in Queensland but which was subsequently transferred to Tasmania.  His compliance with that order was described as “extremely poor”.  He used drugs in breach of the Order and reoffended whilst on the Order.  As a result, the Order was revoked in November 2021. By his current application the applicant is claiming that despite this previous non-compliance he is now suitable for a Parole Order.

The applicant’s mental health is relevant to his offending and his previous failure on Parole.  He has significant psychiatric diagnosis and has at times not been compliant with taking prescribed medication.  He stated at the hearing that he recognises the importance of his mental health and compliance with medication and has, with the assistance of his mother, arranged for suitable medical appointments for this to be followed through.  He recognises that illicit drug use to self-medicate is problematic for him.

The applicant has in the past identified with a desire to lead a pro-social lifestyle and to not offend. The capacity to do this has until now eluded him.  Since his return to the custodial environment, he has been engaged to establish supports that will assist him upon any future release.  He has strong support from his mother to assist him access appropriate therapeutic support.  He has commenced work with a psychologist and intends to continue that work upon release. He has prepared a relapse prevention plan with his planning officer and appears to now recognise the need to reach out to his supports for assistance when needed.

The applicant has remained on the waiting list for Alcohol and Drug counselling and the Equips addiction group during his sentence.  He has engaged in a parole awareness program and further vocational study in literacy and cabinet making.

The applicant demonstrates an understanding that to succeed on his parole order he must ensure he maintains good mental health and utilise those resources that are available to him for support.  He appears currently well placed in terms of that understanding and the existence of those supports to attempt a further parole period.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan
• Electronic monitoring

Paroled from 19 December 2022 - 9 December 2027