Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Duayne Geoffrey Venn

11 November 2022

Reasons for Decision

The Background:

Duayne Geoffrey VENN (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Stealing, Use a computer with intent to defraud, Burglary x2, Stealing x2, State false name and address, Drive whilst not the holder of a driver licence, Unlawfully possess dangerous article in a public place, Drive a motor vehicle whilst a prescribed illicit drug is present in your oral fluid, DWD and Breach of bail.

The applicant became eligible for a parole order from the 12/11/2022.

The applicant appeared before the Parole Board at its hearing on the 11/11/2022.  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 criminal history reflects that he has in the past embraced a criminal lifestyle.  Previous efforts at diversion and community supervision have been to date unsuccessful in changing his offending behaviour.  Complicit in his offending has been a longstanding abuse of drugs and a traumatic childhood.  He has been an inmate incarcerated under sentence 16 times to date.  However, as he notes sentences in the past have usually been of shorter duration than that currently being served.  He also points to a 12 – 13 month period in 2021 where he did not commit crime as reflecting a capacity to again do well were he granted a period of parole.

It has been identified that the applicant’s engagement in work is a significant factor for him in remaining engaged and compliant.  In the aforementioned 12 – 13 month period he had been given a chance of employment at a mechanics in Mowbray and found significant pride and motivation in that work which diverted him from his former lifestyle for a period.  He believes that this work will be available to him upon his release and he is keen to take up the opportunity again and make more of it.

The applicant is now 43 years of age and is at a stage of life where he recognises that he has suffered from his past poor choices and there are significant prospects for a better life for him were he to remain drug free and employed.  To that end he has attempted through his planning officer within the prison to link up with drug and alcohol counselling or a day program upon his release but has been informed that those steps can only be taken once he is within the community.  No doubt these arrangements can occur as part of his supervision under a Parole Order.

The applicant has been able to remain drug free during his custodial term and this and his exemplary behaviour points to a change in him as compared to previous sentences and endorses that he has the capacity to comply with the conditions of a parole order.

The Board’s determination:

Parole is approved.

Special conditions applied:

• Electronic monitoring
• Mental health care plan

Paroled from  21 November 2022 - 20 May 2023