Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by S C N

28 October 2022

Reasons for Decision

The Background:

SCN (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Involve Person Under 18 years in Production of Child Exploitation Material x4, Grooming with intent to Expose a Child or Young Person to Indecent Material x4, Possession of Child Exploitation Material x2.

The applicant became eligible for a parole order from the 09/08/2022.

The applicant appeared before the Parole Board at its hearing on the 09/08/2022 where his application for parole was adjourned to obtain further information.  Ultimately the application was heard by the Board at its meeting on the 28/10/2022.  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 nature of the Applicant’s offending demonstrates that he was immersed in accessing child pornography to the extent that he came to police attention.  A search of his premises revealed that he had engaged in grooming behaviours with four child victims and caused them to send him sexually explicit photographs and videos.  At the time the victims were aged from 14 years to 16 years of age.

The applicant has no relevant prior criminal history.  Indeed his previous offending involved minor traffic matters.  This is accordingly his first sentence of imprisonment.  He has served his sentence in an appropriate and compliant manner.  He is classified as requiring minimum security and is housed in the O’Hara units. He is described as polite and courteous and has been employed as senior store hand in which capacity he has been described as diligent and helpful.

The applicant has completed the New Directions Program during his custodial stay.  As part of the assessment process for entry into that program the applicant was assessed according to the STATIC-99 test for recidivism which placed him in the above average risk for further offending.  His conduct during the program was described as dedicated and he “appeared gracious to be given the opportunity to work on his offending behaviour”.   The program identified treatment targets as including a sexually deviant lifestyle, sexual compulsivity and cognitive distortions.

At the time of his sentencing the applicant was assessed by psychologist, Mr Damien Minehan, who was of the opinion that the applicant had a significant sexually deviant pattern of arousal regarding adolescent females.

The applicant presented at the hearing of his application as motivated to not engage in further offending but to maintain functional and appropriate sexual boundaries.  This, he acknowledges, will require him to maintain diligence in setting himself boundaries so that he does not venture back down that track in the future.  He remains with his partner and believes that his past offending occurred in part due to him becoming uncommunicative with her and thus the maintenance of a good functioning and open relationship is one of the tools available to him to avoid future offending.

The applicant acknowledges that his engagement with underage females gave him an extra arousal due to the wrongness of it and that his conduct snowballed.  His circumstances have now changed.  He has learned from his engagement with New Directions to monitor his actions, maintain open communication and recognise the signs of risk to him of returning to that course.

Community Corrections assessment was that the applicant was suitable for a parole period once Child Safety Services had undertaken safety planning with the applicant’s partner. That has now occurred.  The applicant will benefit from a period of supervision as he reintegrates back into the community generally and with his family specifically.  Accommodation available to him is suitable.

The Board’s determination:

Parole is approved.

• Special conditions applied:
• Exclusion from the internet and smart phones
• Not to be in the presence of a child under 16 unless in the presence of a nominated person
• Exclusion from certain environments at which children are present including schools parks etc
• Electronic monitoring

Paroled from 7 November 2022 - 9 November 2023