Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Rhett  Paul Williams

11 February 2022

Reasons for Decision

The Background:

Rhett Paul Williams (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Breach of Suspended Sentence, DWD x2, Breach of bail x2, Breach of bail conditions x4, Resist a Police Officer, Possess a controlled drug x2, and Drive a motor vehicle whilst a prescribed illicit drug is present in your oral fluid, Drive Whilst Disqualified and Evade Police.

The applicant became eligible to be considered for a parole order on the 05/02/2022.

The applicant appeared before the Parole Board at its hearing on the 11/02/22, after his application had previously been adjourned from a January meeting of the Board due to the absence of suitable accommodation at that time.  When the application was heard by the Board on the 11/02/2022 meeting 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 has a lengthy, 45 pages, criminal record.  His offending behaviour commenced from an early age and since then he has continued to embrace an anti-social lifestyle.  Not surprisingly given the criminal history the applicant has had the benefit of past supervision and diversion orders all of which he has breached due to poor compliance or new offending.  This pattern does not auger well for his capacity to comply with the requirements of a parole order and indeed raises the question of what benefit a parole order would provide to the applicant as a vehicle to assist him on a pro social path.

Similarly, the applicant’s behaviour during his current custodial term is a cause of concern.  He remains in the maximum-security environment and has committed several internal offences including damage to property, disorderly conduct, and assault of another inmate.  The applicant appears, however, to have maintained good compliant behaviour for a reasonable period before his behaviour degenerated in November to December of 2021 when most of the disciplinary offences were committed. As to this period the applicant stated that he lost sight of what he was aiming for and had since regained his composure and perspective stating that he feels like he has a more positive frame of mind.  This is reflected in the absence of any further breaches since that time.

The applicant professes a desire to make changes in his life.  He believes his priorities have changed and he has become significantly motivated by his young family to become a pro social community member.  He recognises that the challenge for him will be to resist reengaging with his usual anti-social cohort and looks at the success of his younger brother in changing his lifestyle as a blueprint for his own life.

The fact that the applicant has been able, over the past few months, operate compliantly and cooperatively in the highly regulated environment of the prison suggest that he has the capacity to similarly engage in a positive manner once released. Significant support is needed by the applicant in light of his past addiction, mental health and trauma-based issues which can be provided to him under the supervision of a parole officer.

It is accepted that the applicant has the potential to realise his goals of leading a positive and socially acceptable lifestyle however needs management and supervision to assist him access and maintain appropriate supports to assist him in this endeavour.  The applicant will need to fully engage with the supports that he is provided.  Whilst his previous efforts under supervision have not elicited a good response from him the applicant appears currently with a motivation for change and insight into his need for support.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental health care plan

Paroled from 21 February 2022 - 21 August 2022