Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Bryce Robert Richardson

24 June 2022

Reasons for Decision

The Background:

Bryce Robert RICHARDSON (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Assault Breach of FVO, Destroy Property.

The applicant became eligible for a parole order from the 04/07/2022.

The applicant appeared before the Parole Board at its hearing on the 24/06/2022.  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 applicant is currently 35 years of age and has an extensive criminal history.  His current offending relates to his violent assault of his then partner including his punching of her to her face.  His criminal history includes matters of assault and family violence as well as matters of dishonesty.  It attests to the fact that responding or acting in a violent manner within a domestic relationship and toward his partner is not something that is unfamiliar for the applicant. At sentencing, however, the observation was made by the Court that the applicant felt remorse and shame for his conduct throughout the relationship and had, following this incident, been compliant with family violence orders and was committed toward rehabilitation.  Unfortunately, however, the applicant has been unable to access any therapeutic intervention during his custodial term with courses, specifically the family violence program, not being run at all during his sentence.

The applicant’s determination to change has been enhanced by his reconnection with his family and his knowledge that he has their support in his rehabilitation.  Prior to the commencement of his sentence the applicant was able to obtain employment as a landscaper and as a result felt a sense of achievement and self-worth.  He is of the belief that he will be able to return to this work upon his release.

The applicant has served his sentence in a compliant manner, is classified at minimum security and has worked as a general hand in the kitchen.

Any violence, let alone that meted out in a domestic setting is concerning.  The impact such behaviour has on the victims of it are significant and enduring, as they are to this applicant’s victim.  The Board has had the benefit of considering her statement and certainly takes into account the significant and enduring impact his behaviour has had on her and the fact that the behaviour has occurred across the period of the relationship.  Nevertheless the applicant has demonstrated an intention to reform his behaviour and a recognition that his past conduct and violence is reprehensible and significantly out of step with society’s expectations.  He has been identified by Community Corrections as suitable to work with under a parole order.  Given his recognition of the need to make change, his desire to do so and the family supports he now has in place to assist him to do so a parole order is appropriate.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health plan
• No contact with the victim of his offending

Paroled from 4 July 2022 - 4 January 2023