Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Michael Adam Thompson

25 March 2022

Reasons for Decision

The Background:

Michael Adam THOMPSON (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Murder.

The applicant became eligible to be considered for a parole order on the 16/04/2021.

The applicant appeared before the Parole Board at its hearing on the 28/01/2022.  On that occasion the application was adjourned due to the lack of suitable accommodation.  The matter subsequently came back to the Board for hearing on the 25/03/2022.  At that time 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:

In 2000 the applicant was sentenced to 25 years imprisonment with a non parole period of 16 years following his conviction for murder.  He was granted parole in November 2019 and remained in the community under that parole order for nearly two years before it was revoked for noncompliance and lack of suitable accommodation.

The applicant, in concert with two others, killed the victim by beating him to death.  The applicant was described by the Court at sentencing as the “principal architect” for what happened and his motivation being concern over the way the victim was treating his partner and his own interests in commencing a relationship with her.  At the time of committing the crime the applicant was 19 years of age. Nevertheless he had, by that time, accumulated a number of prior convictions for crimes of violence and dishonesty.

The applicant is currently classified at medium security with good case notes referring to him as being settled and productively engaged in employment and his hobby of drawing. He works in the garden crew also to good reports.

There have been a number of internal offences committed by the applicant during his custodial period however his infractions have lessened significantly over time.  His last infringement was in August 2021 when items of contraband consistent with hobby/kit constructions were found in his cell and a stripe of Bupe.  Prior to that matter he had last committed a breach of regulations nearly two years previously.  The behaviour in the last few years reflect significant change.

The applicant has suitable accommodation available to him for release on parole.  He also has the support of Beyond the Wire and has been accepted into the Alcohol and Drug Service program.  However as noted by a psychologist engaged to undertake an assessment of the applicant to assist the Board considering his suitability for a parole order, the applicant is institutionalised.  It is noted that he has spent most of his sixteen years incarcerated in segregation due to behavioural issues.  An impact of this is to reduce his tolerance for stress and cause him to withdraw.  Two psychological assessment have been undertaken of the applicant for the Board by the same psychologist: one in 2016 and the other in 2019.  The psychologist notes that the applicant demonstrated improvement in his behaviour between the assessments.  He was less isolative, more integrated and working alongside others but did appear to continue to lack some resilience.  It was noted that his risks on release to the community were the destabilisers of connecting with an antisocial cohort, using alcohol and drugs and responding to stressors aggressively.

Significant supports are available to the applicant over the period of parole.  As previously noted he is within the Beyond the Wire program and has ongoing medical care and access to the suboxone program.  An appointment has been made to enable the preparation of a mental care plan upon his release allowing for referral to a psychologist for treatment.

Community Corrections have assessed the applicant as suitable for a parole order.  That the applicant has the capacity to comply with the requirements of a parole order is evident in his now compliant internal behaviour and the lengthy period he was compliant during his previous order. The applicant is suitable for a period of parole.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring
• Mental health care plan
• Not to contact the victims directly or indirectly
• Excluded from specified area

Paroled from 5 April 2022 - 26 August 2026