Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Steven Albert Thomas

2 September 2022

Reasons for Decision

The Background:

Steven Albert THOMAS (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Dangerous driving x2, Assault a Police Officer, Carjacking.

The applicant became eligible for a parole order from the 20/12/2021.

The applicant appeared before the Parole Board at its hearing on the 02/09/2022, the matter having been previously adjourned to enable the applicant to undergo a psychological assessment and to arrange accommodation.  At the hearing of the application, the applicant was present 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 has a lengthy criminal history and consequently has spent a significant portion of his life in prison.  He describes himself as somewhat institutionalised and as such he will require significant support upon his release from prison.  The applicant has previously come under the supervision of Community Corrections.  In large part the supervision of him has been unsuccessful.  The applicant has not complied with conditions and has at times engaged in further offending whilst subject to those orders.

Drug use has been in the past a contributory feature to his offending behaviour and the nature of breaches by the applicant of the prison regulations suggest that this may be a lingering issue for him.  He was found in June of 2021 to have used the telephone system in a way that was not authorised by attempting to arrange a “trafficking act” and to have been under the influence of a drug.  In May 2022 he tested positive on urinalysis to methamphetamine.  Since the offending over a year ago and the positive urinalysis test four months ago there have been no further instances of breaches by the applicant or of substance use.

The applicant has undertaken therapeutic programs during his sentence.  He remains engaged with alcohol and drug counselling and has completed the resilience program.  The applicant also commenced a violence prevention program but was unable to complete it as he moved from minimum to medium classification.  The applicant remains at medium classification.  He is currently studying for a Certificate II in Horticulture.

Suitable and supportive accommodation is available were the applicant found suitable for a parole order. He has worked during sentence as a general hand in the laundry and has good general behaviour and work reports.

The applicant seeks change. He lists his goals as: “staying clean”, being “100% compliant”, finding a home, remaining engaged with his supports from SASS and Beyond the Wire, gaining employment and re-establishing a relationship with his children.  It is recognised by the applicant that he needs to have the tools as well as the motivation to withstand temptation for relapse to substance abuse.  Whilst in prison he has prepared a relapse prevention plan and was referred to Correctional Primary Health Service to be assessed for inclusion in the pharmacotherapy program.  He has now undertaken that assessment and been commenced on the program.  This will be transitioned to a community provider if the applicant is released and is the first time the applicant has been a participant in such a program.

In a report to the Board the applicant’s drug and alcohol counsellor refers to the applicant’s high level of motivation and “realistic and honest approach” to identifying his triggers for use and exploring strategies to withstand a desire to return to drug use.

The applicant’s offending behaviour put a great deal of the members of the community at risk.  He drove recklessly whilst trying to evade capture by the police.  Victims of his offending have and continue to suffer due to his actions.  Nevertheless his recent conduct, commencement on the pharmacotherapy program and presentation before the Board attest to his determination and motivation to change his life in a positive way.  This desire for change will also benefit from the supports currently available to the applicant within the community whilst on parole.

The Board’s determination:

Parole is approved.

Special conditions applied:

• Electronic monitoring
• Mental health care plan

Paroled from 12 September 2022 - 20 September 2023