Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by S G R

29 April 2022

Reasons for Decision

The Background:

S G R (‘the applicant’) is serving a sentence of imprisonment of 5 years imposed upon conviction on charges of rape and breach of a Family Violence Order.

The applicant initially became eligible to be considered for parole at the Board’s hearing on 17 July 2021 but withdrew his application.  A further application was submitted and listed before the Board on 28 January 2022 but was adjourned for a psychological assessment to be undertaken and a report provided to the Board.

The applicant appeared then before the Board in respect of his application at the hearing on 29 April 2022.

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.

Registered victim:

There is a registered victim.

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:

The applicant’s offending was described by the Court at sentencing as family violence of a very serious kind, that led to significant impacts on the victim and their children as described in a victim impact statement read to the Court. It occurred within the context of a domestic relationship involving the applicant committing two acts of rape against his wife, while their young children were present in the house. His conduct appears to have occurred in the context of the applicant forming a baseless belief his wife was having an affair and motivated by jealousy and possessive behaviour that the victim reported had occurred throughout their relationship.

While there had a been a history of family violence in the relationship, and the applicant’s record reflects family violence offending, he has no prior convictions for offences of a sexual nature. His own upbringing was characterised by family violence, reportedly witnessing and suffering abuse from his mother’s various partners after the breakdown of his parent’s relationship.

The applicant withdrew his initial application for parole prior to his scheduled appearance before the Board on 17 July 2021, as he had been assessed as unsuitable based on several factors, including a history of internal offending, failure to take appropriate responsibility for his offending and lack of suitable accommodation.

The applicant has engaged in intervention relating to the nature of his offending while in custody, undertaking the New Directions program, in addition to the Gottawanna program to address his historical abuse of illicit drugs.  The applicant has also engaged in more compliant behaviour since his initial application and has attained a minimum classification. There is no further reported internal offending and the applicant is gainfully employed as a general hand in the prison kitchen having previously worked in the bakehouse.

Accommodation has been located for the applicant and has been assessed as suitable by Community Corrections.

The Board commissioned a report from a psychologist Dr Chelsey Dewson to assist in the assessment of the risk of future violence posed by the applicant’s return to the community. The report from the New Directions program the applicant undertook in 2021 had suggested that while the applicant engaged well, he continued to lay blame for his offending on the victim and their relationship.

In her report Dr Dewson indicated the applicant presented as taking greater responsibility for his offending and at low risk of sexual recidivist behaviour but assessed his risk of future intimate partner violence as high given his criminal and family violence history.  To manage this risk, she recommended that the applicant engage in further treatment relating to his history of sexual violence in the community, reporting the applicant had expressed a willingness to do so.

Based on the above, Community Corrections have assessed the applicant has requiring a high level of supervision if released to parole but have outlined the type of case management involved including the applicant’s participation in appropriate drug and alcohol counselling and offence specific psychological intervention.

At his hearing before the Board, the applicant expressed some insight into the impact of his offending on the victim and in particular his children and presented as understanding the need for and being willing to engage in psychological intervention addressing his sexual offending.

The impact of the applicant’s offending has no doubt been significant for the victim and the applicant’s children and the Board takes this into consideration.  However, considering the applicant’s improved compliance, apparent shift in responsibility for his offending and appropriate risk management recommendations, the Board has assessed the applicant as suitable for a parole order.

In addition to the strict conditions of a parole order, the applicant has been assessed as suitable for electronic monitoring and the Board will impose this as a condition of parole to aid in the management of the identified risk factors.

The Board’s determination:

Parole Granted

Special conditions applied:

• Must submit to electronic monitoring
• Must obtain a mental health plan and participate in offence specific psychological intervention
• Must participate in appropriate alcohol and drug counselling
• Must not contact the victims directly or indirectly
• Must not enter a specified township or locality

Paroled from 10 May 2022 - 17 July 2023