Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Shane Allen Wheldon

24 June 2022

Reasons for Decision

The Background:

Shane Allen WHELDON (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Unlawfully injuring property x3, Stealing x3, Aggravated burglary x3, Aggravated assault x2, Causing grievous bodily harm.

The applicant became eligible for a parole order from the 09/01/2022.

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 committed the crimes for which he is currently serving a sentence of imprisonment when he was 39 years of age.  His offending occurred over a day when he sought to obtain money by entering various premises.  While doing so he encountered members of the public, one of whom he assaulted and all of whom were no doubt caused significant distress.  At the time of his arrest, he assaulted the arresting police.

At sentencing for these crimes, the Court noted his difficult childhood and his drug use but also highlighted that the applicant had “settled” periods in his life during which he had been able to maintain employment however this had been effectively derailed as a consequence of chronic pain experienced as a consequence of injuries the applicant suffered in a motorcycle accident.

The applicant’s behaviour during his custodial sentence has been positive.  He is currently housed in the O’hara cottages, a situation of significant trust, and has case notes which describe his behaviour and attitude in positive terms.  He has remained employed within the prison and has worked as a general hand at Government House and at the Risdon Vale Neighbourhood Centre and Community Gardens.

The applicant asserts that he has remained drug free for an extended period and this is supported by the three clear random urinalysis results he has returned since mid 2019. The applicant has also been engaged in therapeutic courses within the prison completing the violence prevention program and the Equips Addiction Group.  The closure report of the latter program talks of the applicant participating well with the course content and experiencing a change in attitude and understanding as well as developing sound strategies to maintain sobriety.  The applicant has also engaged with SASS during his incarceration and has been described by his therapist as having “impressed with his honesty, insight, courage, resilience and determination”. His counselling with this service will continue upon his release.

Accommodation that is suitable and supportive is available for the applicant were he to be released on parole and will involve his transfer to Victoria and supervision of his parole order in that jurisdiction.  The applicant has previously had the benefit of supervision from Community Corrections under two Probation Orders.  He is noted as having engaged well with the orders and having made “positive progress”.  Community Corrections support his release on a Parole Order.

The compliant manner in which the applicant has served his sentence and the positive response he has given to being placed in positions of great trust in the prison both in terms of his accommodation and employment support his assertion that he is intent on pro social change.  There are appropriate supports available to him in the community to assist him in this endeavour.

The Board’s determination:

Parole is approved

Paroled from 5 July 2022 - 9 October 2024