Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Robert Leigh Cowen

31 March 2023

Reasons for Decision

The Background:

Robert Leigh Cowen (‘the applicant’) is currently serving a sentence of imprisonment of 24 months imposed upon conviction on a charge of wounding.

The applicant became eligible to be considered for parole on 22 February 2023, but his application was adjourned due to lack of suitable accommodation.

The applicant appeared before the Board in respect of his application at the hearing on 31 March 2023. On that occasion the applicant 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 had been 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 punish for the criminal wrongdoing.

Consideration:

This applicant is a 46-year-old man with a long history of offending and he has served sentences of imprisonment for violence related offences, both in Tasmania and interstate. His offending over many years has occurred in the context of a significant problem with alcohol which commenced at the age of 16, in addition to the abuse of cannabis and other illicit drugs.  This, combined with a childhood involving of physical and verbal abuse led to a history of significant periods of unstable accommodation and homelessness after he left home at the age of 14.

The applicant expresses an intent to change his lifestyle, outlining in his application the opportunity he has had to reflect on his past offending and “seriously shameful” behaviour he recognises has affected others, including his family.  This motivation to change is demonstrated in part in the way he has served his current custodial sentence.

The applicant is currently housed in the minimum-security O’Hara Cottages, accommodation that reflects a trusted position in the prison.  He is employed as a General Hand making oyster baskets and case notes are generally positive, with no record of internal offending for the duration of his sentence.

During this current incarceration the applicant has not engaged in any therapeutic intervention in relation to his substance abuse and alcohol dependency issues, despite having the opportunity to do so.  Community Corrections have raised concerns regarding the applicant’s suitability for parole due to a history of non-compliance on previous supervision and community-based orders and this lack of engagement with appropriate programs to address his alcohol abuse.

When questioned by the Board at interview about his lack of engagement in therapeutic programs, the applicant did acknowledge the need to engage in appropriate intervention and expressed a willingness to do so if granted parole.  He reported recent engagement with an alcohol and drug counsellor and is seeking to engage with Holyoake upon release. He stated that the support of a parole order would assist him to access appropriate services and address not only his substance abuse but his ongoing mental health, which he expressed had been a barrier in the past to successful engagement in supervision.

The applicant has suitable accommodation which would provide a pro-social and supportive framework to assist the applicant’s reintegration into the community.  Risks remain for the applicant regarding his past relapses into substance and alcohol abuse, and the Board notes concerns regarding his previous non-compliance.

However, the applicant appears to be future focused and has demonstrated a capacity to comply within the prison environment, recognising the need to change his past pattern of offending.  The Board determines that with appropriate engagement with support, and the strict conditions of a parole order including electronic monitoring, the applicant is well placed to continue on the more positive path he has recently demonstrated.

The Board assesses the applicant as suitable for parole.

The Board’s determination:

Parole Granted

Special conditions applied:

• To submit to electronic monitoring
• To obtain and comply with a Mental Health plan.

Paroled from 12 April 2023 - 12 October 2023