Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Jesse James Pearce

25 November 2022

Reasons for Decision

The Background:

Jesse James Pearce (‘the applicant’) is currently serving a sentence of imprisonment of 12 months imposed upon conviction on numerous charges of burglary, stealing, assault, breach of family violence order, destroy property, breach of bail and several firearms and driving offences.

The applicant became eligible to be considered for parole on 18 November 2022.

The applicant appeared before the Board in respect of his application at the hearing on 25 November 2022 and on that occasion the applicant 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:

At 24 years of age, the applicant is a relevantly young offender.  He reports a stable and supportive family life, excelling in school and other extracurricular activities with no criminal history until around 18 years of age. Unfortunately, his parents’ marriage broke down around this time and he started to rebel and became involved in drug use. Contrastingly, the applicant is a father of 3 young children to 3 separate relationships but due to family violence related offending in each of those relationships he has no contact with any of his children.

Clearly contributory to his offending was the applicant’s problematic history of methylamphetamine (ICE) abuse, which he says commenced during a period of extreme stress and turmoil after his parents separated and his own relationship with his then partner broke down.  It appears his drug use escalated to a point where he began to engage in criminal activity to support his addiction.

This is the applicant’s first application for parole.  In considering this applicant’s suitability, information from the applicant himself and his recent behaviour in the prison environment suggest prospects for rehabilitation. However, of concern is the applicant’s lack of ability in the past to fully comply with community-based orders. There is some indication he initially engaged well with a Drug Treatment Order imposed in April 2021 when his offending became prolific due to his escalated substance use, but this order was ultimately cancelled as he returned to illicit substance use and disengaged from the program.

In his application the applicant stated his time in prison has been a catalyst for him to change, as he has had an opportunity to reflect on the impact of his offending and poor decision making on himself and others, particularly his young children and extended family.

The applicant has demonstrated compliance in the prison environment.  He has achieved a minimum classification and is employed as a Peer Support leader in the medium security prison.  All case notes reflect polite, respectful, and compliant behaviour. While he has not engaged in therapeutic intervention for his family violence offending, which does raise concerns relevant to his risk of re-offending, he had indicated a willingness to complete an appropriate program if released to parole. He has completed the Circle of Security parenting program and at interview by the Board discussed what he had learnt from the program which he felt would help with his goal of re-establishing contact with his children.

Several protective factors also exist for the applicant if he is granted parole.  He has strong direct family support from his father and sister and has suitable, pro-social accommodation. He has the offer of full-time employment as a general hand at a local sawmill close to where he would be residing, a job he has held in the past.

Community Corrections has noted that while the applicant has struggled with compliance on community-based orders in the past, he has been able to demonstrate periods of good engagement and abstinence from illicit substances and the applicant has a pro-social and stable environment in the community due to his family support.   In assessing the applicant as suitable for parole, Community Corrections have recommended the applicant be subject electronic monitoring to assist in reducing his risk of reoffending and ensure compliance with other important parole conditions.

The Board agrees with Community Corrections assessment that the applicant is suitable for parole.

The Board’s determination:

Parole Granted

Special conditions:

• Must submit to electronic monitoring of parole conditions

Parole from 5 December 2022 - 4 June 2023.