Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Nigel John Griggs

8 April 2022

Reasons for Decision

The Background:

Nigel John GRIGGS (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Trafficking in Controlled Substance.

The applicant became eligible to be considered for a parole order on the 04/04/2022.

The applicant appeared before the Parole Board at its hearing on the 08/04/2022.  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 lengthy criminal history, including for drug offending, which goes back to the 1980s.  It is because of this history that at his sentencing on the trafficking matter for which he is currently serving his sentence he was described as considering himself above the law.  It was also noted at that time that the applicant had engaged little in any genuine rehabilitation attempts.  In 2018 he was found unsuitable for the Court Mandated Diversion Program after failing to produce a sample for testing on several occasions and testing positive for illicit substances whilst on bail.  There has, however, been some positive engagement in past efforts of community supervision.  In 2016 the applicant was placed on a Probation Order and his engagement and compliance during the period of that order was described as acceptable.  The terminal case notes of a further period of Probation in 2017 described the applicant’s compliance with that Order as being at a “very good standard”.

The applicant has served his sentence also in a compliant manner. He has been housed in the O’Hara Units and engaged in employment including in the trusted position, working externally to the prison, at the Royal Botanical Gardens and assisting at the Relay for Life.  The applicant has also utilised the time in prison to engage in further education which will boost his prospects of employment upon his release.  He has obtained certificates in Chainsaw and Horticulture.  His intent is to continue his educational engagement with TAFE upon his release and obtain work in horticulture and producing pinatas for children.  The applicant has the benefit of the assistance of Complete Workplace Solutions to assist him with his attempts to engage in employment.

The applicant recognises that the lifestyle he has lead is a disappointment to himself and his family.  His parents are now elderly and he is motivated to turn his life around whilst they remain alive to witness that change in his circumstances.  He has their support and also the support of other family and friends to commit to his pro social reform.  Central to this will be his ability to remain abstinent from illicit substances.  As to that issue the applicant asserts that he is committed to do so and points to his claim of having used drugs on, at most, six occasions in the past six years as demonstrating his capacity to remain drug free.

The applicant has suitable accommodation for the period of his parole order.  He has been assessed by Community Corrections as suitable for parole supervision given his willingness to engage in supervision and access all supports available to him.

The applicant, whilst having a lengthy record of offending, has demonstrated through his actions during his sentence that he is not only willing to but also has the capacity to change his life trajectory from one of future drug use and offending to pro social compliant behaviour.

The Board’s determination:

Parole is approved

Paroled from 20 April 2022 - 4 February 2023