Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Clint Graeme Stanisz

16 September 2022

Reasons for Decision

The Background:

Clint Graeme STANISZ (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Assault, Common Assault, Destroy Property, Trespass.

The applicant became eligible for a parole order from the 28/09/2022.

The applicant appeared before the Parole Board at its hearing on the 16/09/2022.  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’s offending occurred in the context of a domestic relationship.  A relationship that ought to have functioned as one of mutual love, respect and protection but in this instance was one of dominance, disrespect, violence and harm. The applicant, when faced with the intention of his victim to leave him and the relationship, responded by choking his victim, pining her to the bed, calling her a whore and slapping her to the head all the while whilst her child was in the home and who no doubt could hear what was happening to their mother.

The applicant is no stranger to violence.  He has a lengthy criminal history for violent offending including domestically.  He has a significant drug dependency to the extent that he has suffered from drug caused psychosis.  In a custodial environment he has, however, been able to stay well behaved and compliant. He has positive case notes both in respect of his general behaviour and also in the context of his prison employment as a wardsmen.  He has requested to engage in therapeutic programs including alcohol and drug counselling and the family violence intervention program but they have not been available to him and he remains waitlisted for them.

Suitable accommodation is available to the applicant for his parole period which also has the potential benefit of being distant from his former associates on the north west coast.  This factor has also been recognised by Community Corrections in their assessment as providing the best opportunity for the applicant to effect change in his lifestyle.

At the hearing before the Board the applicant stated that he felt a different person now than he has been before.  He is drug free and has reconnected with his children.  He has a lot of regret of his past life choices and decisions and recognises the terrible impact his actions have had not only on himself but also on his victims and his family.

The Board assesses the applicant as genuinely desirous for change. His capacity to remain compliant will in large part depend on his ability to remain abstinent from drugs and negative influences.  He will benefit from supervision and access to dedicated programs addressing violent offending behaviour which he has been unable to access in the prison system.

The Board’s determination:

Parole is approved.

Special conditions applied:

• Electronic monitoring
• To undertake the family violence intervention program
• To obtain a mental health plan
• To not contact named persons

Paroled from 3 October 2022 - 28 July 2023