Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by G C L

16 September 2022

Reasons for Decision

The Background:

GCL (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Aggravated sexual assault.

The applicant became eligible for a parole order from the 17/09/2022.

The applicant appeared before the Parole Board at its hearing on the 16/09/2022.  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:

This is the applicant’s first sentence of imprisonment. He does not have a criminal record relevant to his conviction of aggravated sexual assault for which he is currently under sentence.  He has, in the past however, been sentenced to a suspended sentence of imprisonment for a criminal code assault and arson.  The suspended sentence did not require activating.

The victim of his aggravated sexual assault was the 13-year-old daughter of his friend.  Somewhat concerningly to the health and well-being of the victim she, her father and the applicant spent a night out at a local hotel consuming alcohol and later smoking cannabis.  After the victim’s father had passed out through intoxication the applicant took advantage of his victim, touching her inappropriately and then after she had attempted to remove herself to her room, following her and getting into her bed, again touching her and sexually assaulting her.  Whilst the Board have not the benefit of a statement from the victim it would be expected that this event was a frightening one for her and one which quite likely has left an indelible mark.

The applicant has served his sentence without any issues regarding behaviour or attitude.  He is classified as requiring minimum security and has no negative case notes.  He has engaged for assessment with the Sex Offender Treatment Program and was assessed as below average risk.  It was reported by that program that the prison do not currently offer treatment to those who are assessed as low risk of sexual recidivism with few dynamic risk areas of need and as such he has been unable to engage in that program.

Suitable accommodation is available to the applicant for his release, his financial situation is stable, and he has renewed familial links since his incarceration.  The applicant’s offending was deplorable and a serious breach of the position of trust he held with the victim and her family.  Risks are low for a repetition of this behaviour.  He has shown himself capable of complying with rules in the way he has served his sentence.  He is suitable for a parole order.

The Board’s determination:

Parole is approved.

• Special conditions applied:
• To obtain a mental health care plan

Paroled from 3 October 2022 - 17 March 2023