Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by T M H

27 May 2022

Reasons for Decision

The Background:

T M H (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction for the charge of maintaining a sexual relationship with a young person under the age of 17 years.

The applicant became eligible to be considered for parole on 24 May 2022 and was listed to appear at the Board’s meeting of 13 May 2022, but the application was adjourned due to lack of suitable accommodation and an outstanding report for the Board.

The applicant then appeared before the Board in respect of his application at the hearing on 24 May 2002 when he 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 had been 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 punish for the criminal wrongdoing.

Consideration:

The applicant is serving a sentence of imprisonment for a crime involving a series of indecent assaults that occurred over a period of 3 years between 2011 and 2014. The applicant’s offending behaviour involved a significant breach of trust as his victim was the child of a friend of the applicant and commenced when the victim was just 5 years of age. The victim’s father was the applicant’s neighbour initially, but the offending commenced after the applicant had moved away and was still visiting or socialising with the victim’s father.

The crime, without doubt has had a lasting and negative effect on the victim and her childhood and teenage years, reportedly affecting her ability to socialise and causing her to suffer significant anxiety, ongoing nightmares and low self-esteem.

At the time of sentencing the applicant had no prior history for sexual offending and reports a relatively stable childhood. Comments on passing sentence do however indicate the applicant suffered sexual abuse as a child which has been suggested as contributing to the applicant normalising the behaviour perpetrated against his victim.

The applicant is currently single, as his previous relationship ended following the index offending and he has no dependants. He does however have good familial relationships with his mother and sister that have continued during his incarceration and which the applicant reports will continue to be a support for him upon release.

The applicant has served his sentence in a compliant manner, having attained minimum classification and accommodation in the O’Hara Cottages.  There is no record of internal offending, and he is employed as a general hand in the prison store, and all case notes are positive.

Relevant to the appropriateness of a parole order in this case is whether the applicant has addressed his offending by engagement in a sex offender treatment program.  Although the applicant was assessed as below average risk for being charged or convicted of another sexual offence, he was assessed on the Violence Risk Scale – Sexual Offender (VRS:SO) as being above average risk for sexual recidivism with several areas of need so was considered suitable for the New Directions Sex Offender Treatment Program.  A report provided to the Board regarding this treatment indicates while the applicant participated seriously and expressed remorse for his actions and the impact on his victim, he retains some distorted beliefs regarding appropriate relationships with children and it was recommended this be addressed through offence specific psychological intervention in the community.

There are several protective factors that are relevant in considering the applicant’s suitability for parole.  He has a good industrial record having worked in various positions as a journalist and in the hospitality industry as a chef. He has suitable accommodation, is motivated to return to the workforce and has some prospect of work at his accommodation location given his qualifications as a chef.

The applicant has good family support and at interview appeared to have gained insight into the inappropriateness of previous sexualised behaviours and his inability to properly manage emotions, factors identified as contributing to his offending. If returned to the community, while the applicant may be limited in certain interactions and community activities due to the nature of his offending and conditions imposed, the existence of positive support networks is an important factor in assessing suitability for parole.

The applicant has been assessed by Community Corrections as requiring a high level of supervision, but the Board is satisfied that with the strict conditions of a parole order, in addition to the imposition of electronic monitoring, risks identified for the applicant can be appropriately managed. The applicant is deemed suitable for parole.

The Board’s determination:

Parole Granted

Special conditions applied:

• Must comply with electronic monitoring conditions
• Must not remain in the presence of any person under the age of 16 years unless a Probation Officer or person nominated by the Probation Officer is present.
• Must not loiter without reasonable excuse, or in the vicinity of a school, public toilet or other place in which children are regularly present while children are present.
• Must not enter in remunerative or voluntary work with children or at a place used for the education, care or recreation of children or be involved in any social recreational or any other club or associations which children attend.

Paroled from 6 June 2022 - 24 August 2024