Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Adrian Alwyn Pickett

25 November 2022

Reasons for Decision

The Background:

Adrian Alwyn Pickett (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction for dangerous driving.

The applicant became eligible to be considered for parole on 10 September 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:

This applicant is no stranger to the concept of parole, having had the benefit of parole orders in 2013, 2014 and 2015, all of which were ultimately revoked due to non-compliance and drug use.

The applicant has an extensive criminal history involving crimes of violence, dishonesty, and numerous driving related offences. Consequently he has a longstanding history with incarceration, receiving his first adult prison sentence at the age of 16.  He experienced a childhood typified by abuse, family violence, substance use and transience, and reports the impact of his childhood led to his problematic behaviour and offending as a youth and into adulthood. The applicant’s long history of alcohol and substance misuse has been a contributing factor in his offending, reportedly commencing experimentation with drugs and alcohol in his early teens leading to abuse of oxycodone and morphine by the age of 20.

The applicant’s prior custodial history also reflects a pattern of non-compliance, disregard for prison regulations, drug and alcohol use, violence and significant internal offending relating to dealings and possession of contraband items.  During his previous sentences, he has always been housed in medium or maximum security and has struggled to maintain consistent prison employment due to internal offending.

Despite the applicant’s criminal and custodial history, on appearance before the Board the applicant presented as someone who has more recently made positive changes in his attitude to incarceration and the life he wishes to lead on release.

This change is reflected in information provided to the Board. During this custodial sentence the applicant has no significant internal offending, has attained minimum classification and is housed in the minimum-security prison.  Notably, the applicant has never previously attained a minimum classification or maintained the level of compliance reported.  He is currently employed and rotates between three roles as wardsman, kitchen and general hand.  Case notes reflect the applicant is the “most settled, compliant and focused” he has been during any of his incarcerations.

The applicant’s personal circumstances appear to have contributed to this change.  He attributed this to his partner of 6 years, who he reported has calmed him down and assisted him to ease back into a “normal” life.  He described his partner as providing significant support both in the community and during his incarceration, helping him reflect on what is important in life and what he has lost due to his past offending behaviour.

He outlined steps he took when last in the community to try and find work and make up for his past poor behaviour, supported by his partner.  The applicant has limited other family connections but notably commenced re-engagement with his daughter when last in the community and has established a good relationship which he hopes to continue on release.

Additionally, during this custodial sentence, the applicant has commenced pharmacotherapy to support abstinence from drug misuse, the first time he has engaged in active drug therapy. He has suitable prosocial and supportive accommodation and intends to re-engage with therapeutic intervention in relation to past complex trauma and abuse, having recently participated in the National Redress Scheme.

Perhaps most notable in terms of evidence of positive change is the applicant’s own description of himself at interview as “grateful, content and motivated”.  While the applicant is still assessed by Community Corrections as requiring a high level of intervention due to his extensive criminal history, they similarly report a significant shift in his attitude.

Based on the existence of a range of protective factors, including a high level of support from his partner, engagement in pharmacotherapy for substance use, observable reflection upon his past behaviours and willingness to engage in therapeutic support, Community Corrections have assessed the applicant as suitable for a parole order.

The Board agrees with this assessment and is satisfied the high level of supervision, case management and the applicant’s own motivation to continue the positive path he appears to be on will assist and support the applicant in his reintegration into the community. Any identified risks can be appropriately managed by the strict conditions of a parole order, including the imposition of electronic monitoring of those conditions.

The Board’s determination:

Parole is granted.

Special conditions applied:

• Must submit to electronic monitoring.

Paroled from 5 December 2022 - 10 July 2023.