Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by M J P

8 April 2022

Reasons for Decision

The Background:

M J P (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Persistent sexual abuse of a child.

The applicant became eligible to be considered for a parole order on the 26/04/2022.

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.”

Consideration:

The applicant, at the time of his offending in the 1990s, was a high school teacher.  The victim was a student at the school at which he taught.  His sexual abuse of the student commenced when she was aged 15 years and was in grade 9 and ceased before she commenced the 10^th grade. His abuse of the victim gradually escalated over a period from kissing to just short of penile penetration.  The experience by the applicant at the time of the offending behaviour of issues with his mental health have been suggested as contributory to his offending behaviour.

As noted above the abuse occurred in the 1990’s.  Prior to and since that time the applicant had no criminal record other than some traffic matters.  This has been his first time in a custodial environment.  The applicant has been classified as requiring minimum security and has received case notes which describe his behaviour and demeanour positively.  He has held the trusted position of editor/publisher of the prisoner magazine, “the Insider” and is described by his supervisor, in that role, as having not breached the trust held in him, as highly capable and reliable.

The applicant has engaged in therapeutic help during his sentence which, in his terms, has put him “back together”.  The assessment of the Sex Offender’s Treatment Program utilising the STATIC 99 R tool is that the applicant was in the very low risk category for future offending and as such was ineligible for the program.

There is no doubt that the actions of the applicant that constitute his crime are an affront to society and have left an indelible mark on the life of his victim.  Her statement provided to the Board has been carefully considered and is appreciated.  Her concern as to future contact with him can be ameliorated by the imposition of conditions preventing such contact as part of the order.  The applicant has demonstrated by the absence of any record of offending beyond this crime and by the compliant manner in which he has served his sentence that he has the capacity and intent to comply with parole conditions and is otherwise suitable for a parole order.

The Board’s determination:

Parole is approved

Special conditions applied:

• No contact with the victim and her family
• Exclusion certain areas

Paroled from 26 April 2022 - 26 October 2023