Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Kelsey Ford

3 March 2023

Reasons for Decision

The Background:

Kelsey FORD (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for Manslaughter.

The applicant became eligible for a parole order from the 28/09/2022.

The applicant appeared before the Parole Board at its hearing on the 03/03/2023.  On that occasion the applicant was present at the hearing and was invited to provide any information she had in support of her application and made herself 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:

Mr. Bobby Medcraft died after having been struck to the back of his right leg with a sword wielded by Mr Cody Sheehan.  The applicant was present when these events occurred.  The assault on Mr Medcraft was the culmination of events that night which started relatively innocuously with a missent snapchat between two persons before involving others including the victim and the applicant and resulting in the applicant together with her co-offenders presenting at the home of the victim to assault him.  Her conviction of manslaughter arises from her actions in aiding and/or abetting Mr Sheehan’s actions or from the fact that the victim’s death was a probable consequence of her and her companion’s intent to assault him.

Prior to these events the applicant had no criminal history. It was noted at her sentencing that the psychological assessment undertaken of the applicant by Dr O”Donnell revealed the applicant to have significant intellectual deficits to the extent that it likely reduced her capacity to appreciate the consequences of her actions and that of her co-offenders.  This was taken into account at the time of her sentencing.

The applicant has spent her sentence in a compliant manner. She is housed in the Vanessa Goodwin units of the women’s prison and her case notes record her behaviour as positive and polite.  She has worked productively in the prison kitchens as a senior hand.  The applicant has undertaken a number of vocational courses during her imprisonment which will improve her capacity to find work upon release.

The applicant has suitable and supportive accommodation available to her for the period of parole.

This is the applicant’s first encounter with the criminal justice system and her first imprisonment. She has used this period to increase her skills and has remained future focused.  The applicant has significant supports available to her upon her release and is focused on ensuring stability in her mental health which has proved to be a difficulty during her imprisonment.

The Board’s determination:

Parole is approved.

Special conditions applied:

• Mental health care plan
• No contact with the registered victim

Paroled from 15 March 2023 - 28 March 2025