Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Christopher Ernest Denman

21 April 2023

Reasons for Decision

The Background:

Christopher Ernest DENMAN (‘the applicant’) is currently serving a sentence of imprisonment of 12 months with a non-parole period of 8 months imposed on 2 February 2023 for the following offences:

5 counts of possess controlled plant or its products; Cultivating controlled plant; Possess a controlled drug; Motor Vehicle Stealing; Selling controlled drug; Selling controlled plant or its products; Drive whilst disqualified; 2 counts of Possess firearm in contravention of firearms prohibition order; Possess a firearm to which a firearms licence may not be issued; Use unregistered motor vehicle; Using a motor vehicle with no premium cover; 9 counts of Breach of bail conditions; Burglary; Stealing; Possess a prohibited firearm to which a firearms licence may not be issued; Possess firearm part; and Unlawful possession of property.

The sentence of imprisonment for those offences was ordered to be served cumulatively to a sentence of 3 months’ imprisonment (with no parole order) imposed in respect of a charge of evade police (aggravated circumstances) which was backdated to 18 May 2022. The applicant became eligible to be released on parole on 17 April 2023. His application was initially adjourned on 3 March 2023 to enable the preparation of a pre-parole report and the provision of other information to the Board.

The applicant appeared before the Board in respect of his application at the hearing on 21 April 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.

Registered victim:

There are no registered victims.

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.”

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 recognises the capacity of offenders to 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 further offending.

When considering eligibility for parole this purpose must be weighed against the risk each prisoner may pose if released to serve the remainder of their sentence in the community and the ability to remove or reduce that risk by the imposition of appropriate conditions. The Board must also consider the views, if provided, of any registered victim of the offending.

Consideration:

The applicant is now 42 years old. His record of prior convictions in Tasmania and Victoria discloses a history of offending since he was 18 years old involving offences of a similar nature to those for which he is currently sentenced. That offending principally involves offences of dishonesty, drug and firearms offences, traffic matters and breaches of court-based orders. The applicant has also previously served periods of imprisonment for offences of violence including family violence matters. The applicant has served several periods of imprisonment in the past.

The applicant’s family background is characterised by dysfunction, violence and parental criminal conduct and drug use. Despite this, he completed year 12 at school. He has had periods of employment, but not since 2008. He maintains a good relationship with his mother and siblings. His mother has significant health issues which the applicant cites as motivating him to achieve and successfully complete parole.

The applicant is currently single. He has children from previous relationships but is not currently in contact with them.

The applicant has long-standing and significant substance abuse issues. He has regularly used cannabis since he was 12 years old. Since 2011, he has also regularly used methamphetamine. Since 2006, the applicant’s longest period he was not incarcerated was between July 2020 and August 2021. The applicant explains that during this period he isolated at home and smoked significant amounts of cannabis but avoided his pro-criminal associates and using amphetamines. He started using methamphetamines heavily again from February 2022 until he was remanded in custody in relation to the current offences. The bulk of the offences for which he was sentenced in February 2023 were committed after he recommenced methamphetamine use. As is apparent from the nature and timing of the applicant’s offending, it is strongly associated with his illicit drug use. The information before the Board suggests that the applicant has not to date participated in any meaningful drug rehabilitation programs.

During this custodial episode, the applicant has not participated in any programs to address his drug abuse. This is in part explicable as the applicant was on remand until February 2023. Once sentenced, he has had limited opportunity to access formal programs. The applicant, however, has engaged with a planning officer. That officer reports that the applicant is open and honest about his struggles with addiction and expressed a desire to obtain support in the community but has declined internal referrals to programs or supports to help him address those issues in the meantime. His planning officer describes him as having poor insight into how he will manage his addictions on release and lacking any real plan for doing so.

The applicant did, however, self-refer to the prison’s Therapeutic Services Unit to assist him address his issues with anxiety in September 2022. He engaged with that service until he was sentenced in February 2023. He has been prescribed an anti-depressant during this custodial episode to manage his symptoms.

The applicant has had mixed reports on behaviour whilst in custody. He has been the subject of a number of disciplinary findings. In September 2022, he was sanctioned for provoking another inmate which resulted in the applicant being assaulted. In November 2022, he was caught smoking in his cell on two occasions. He was reprimanded in December 2022 following an altercation with another remandee. In February this year he was sanctioned when a burn mark was discovered on the carpet in his cell. He pleaded guilty, claiming the damage was accidental. A number of reports describe the applicant as cooperative and compliant. He has, however, also been noted to express frustration and make inappropriate comments towards custodial staff. At the time of the hearing, the applicant was classified as a medium security prisoner and was employed in the laundry.

The pre-parole report outlines that the applicant is well-known to community corrections having previously served 8 probation orders, 1 parole order and 6 community service orders since 1999. He has successfully completed the community service orders. His performance during periods of probation was generally poor, resulting in his conviction for failing to comply with conditions on 2 occasions. The applicant’s previous parole order was revoked as a consequence of the applicant’s ongoing drug use.

Community Corrections have, understandably, expressed concern about the applicant’s suitability for parole. He has been assessed utilising the LSCMI risks/needs assessment tool as requiring a very high level of intervention. It was noted that he had declined referrals to services to address his criminogenic needs after being sentenced. The applicant’s risk of relapse to illicit substance use is assessed as very high. The applicant has advised that his strategy for managing this risk is to avoid associates and he expressed “reluctant willingness to explore being placed on the opiate replacement therapy program once in the community”. He has, according to Community Corrections, no other strategies to manage this risk. The applicant has a short period of time remaining on his sentence, and Community Corrections is concerned this will not be a sufficient motivator for the applicant to complete parole successfully.

On the other hand, the applicant has suitable accommodation. He is motivated to apply for parole to spend time with his mother (which he understands to be limited) who has health issues. He has stated that he wants to obtain a mental health care plan and has also expressed a willingness to engage in targeted alcohol and other drug counselling when released.

During the hearing, the applicant advised he had been engaging with his planning officer. He explained that he had declined internal referrals to programs to address his drug use because he thought that would result in him being placed on the buprenorphine program. He expressed concern about the program, stating that he did not want to replace one drug with another. He acknowledged he has an addictive nature but described periods of abstinence in the past. While his main strategies to avoid relapse at present include remaining at home and avoiding contact with former associates, he hopes to obtain more tools from the counselling he would like to receive when released. He described having two key motivations behind his desire to obtain parole, namely to be with and support his mother and to obtain support himself to address his substance abuse issues.

The Board shares the concerns of Community Corrections regarding the applicant’s suitability for parole. On balance, however, the Board determined that a parole order was appropriate. Such an order would afford the applicant a meaningful opportunity to address his substance abuse issues. Conditions will also be imposed to manage the risks associated with the applicant’s risk of relapsing into drug use and offending conduct, including electronic monitoring. The Board expects that these conditions will be tightly monitored throughout the duration of the order.

The Board’s determination:

Parole granted from 1 May 2023 to 1 November 2023.

Special conditions applied:

• Electronic monitoring

Paroled from 1 May 2023 - 1 November 2023