Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Meraki Sharka James Mansell

10 June 2022

Reasons for Decision

The Background:

Meraki Sharka James MANSELL (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Drive whilst disqualified x5, Using a motor vehicle with no premium cover x2, Use unregistered motor vehicle x2, Possess controlled plant or its products x2, Possess a controlled drug x4, Drive a motor vehicle whilst a prescribed illicit drug is present in your oral fluid x3, Fail to Appear, Breach of bail, Contravene conditions of a Notice, Drive while disqualified, Reckless driving, Injure Property, Selling controlled drug,.

The applicant became eligible for a parole order from the 17/03/2022.

The applicant appeared before the Parole Board at its hearing on the 10/06/2022.   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 engaged in offending behaviour fairly consistently since he was 12 years of age. Much of his offending involves stealing, drug and violence matters.  In the past he has been the recipient of efforts to try and change his path through Court ordered supervision in the form of Probation and Drug Treatment Orders. None of these have been successfully completed by the applicant and he has continued to commit crime and abuse drugs. He now seeks a Parole Order arguing that he has not been subject to Parole previously, he is motivated to attempt to affect a change in his life and believes that the supervision and support that he will receive on parole will assist him consolidate upon his previous, albeit ultimately unsuccessful, Drug Treatment Orders.

When considering what risk is posed to the community by the early release on parole of this applicant it is informative to understand the manner in which he has, to date, served his sentence.  In this regard it is noted that he has achieved a medium security classification. Whilst he has engaged in internal misconduct resulting in sanction the most recent occasion for this was in March. On that occasion he was found in unauthorised possession of a medication pill.   He is described as having engaged “meaningfully” with his case management sessions with planning officers in the prison who describe him as having identified goals he wishes to achieve on his release and put in place supports to assist him including through Youth, Family and Community Connections.  He intends to reengage with drug and alcohol counselling and has sought placement on the pharmacotherapy program.

The applicant has also appreciated the need to separate himself from his previous antisocial peer group and stay away from the areas at which he usually encountered and engaged with them.  His accommodation is suitable and provides him with some geographical distance from his previous location.  His intention is also to source employment and engage in football at a local level.

Community Corrections have assessed the applicant as suitable for a parole order.  It is noted that despite being close to end of sentence if approved for parole the applicant will be subject to the order for a 6 month period.

Whilst the applicant’s criminal history is concerningly lengthy and he has struggled over a protracted period with drug addiction which no doubt has contributed to his offending behaviour he is capable of change.  Since March he has demonstrated compliant behaviour in custody and his engagement attests to his stated motivation toward change.  It is considered appropriate to approve a parole order.

The Board’s determination:

Parole is approved

Paroled from 20 June 2022 - 20 December 2022