Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Melinda Kate Lucas

3 March 2023

Reasons for Decision

The Background:

Melinda Kate LUCAS (“the applicant”) is serving a sentence of imprisonment imposed upon her conviction for Trafficking in Controlled Substance x7, Use a Controlled drug & Possess thing used for administration of controlled drug.

The applicant became eligible for a parole order from the 21/03/2023.

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 her 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:

Whilst the applicant’s criminal history is fairly extensive, albeit commencing from the age of 26year, this is her first term of imprisonment.  The nature of her offending in the past has usually involved matters of dishonesty.  The use and abuse of drugs is a prominent causative factor in her offending behaviour.

The applicant has, in the past, been the beneficiary of efforts to divert her from offending by engaging her in community based orders including a Community Correction Order and a Community Service Order with a record of poor compliance.

The applicant has, however, utilised her custodial term constructively.  She has engaged in therapeutic and vocational programs including drug and alcohol counselling.  She has worked as a senior hand in the kitchen to good reports and is classified at minimum security.  The applicant has also compliantly undertaken s42 leave into the community for the purposes of community engagement.

Suitable accommodation is available to the applicant were she granted a Parole Order as is an option for employment.

The applicant asserted at her hearing that she has a “changed outlook”.  She has reflected on how her use of drugs has negatively impacted her life.  She identifies her resort to drugs to have been motivated by the death, suddenly, of her father and has put a number of supports in place to assist her remain drug free and pro social.  Those supports include the obtaining of a mental health care plan to access counselling and her family.  The applicant has also severed all contact between herself and those with whom she formerly engaged whilst using drugs and offending.  She is future focused with a plan to move back to Queensland and to her family and children once she has completed the parole period.

It is the finding of the Board that this applicant would benefit from an order and does not present a risk of significance to the community by her release.

The Board’s determination:

Parole is approved.

Special conditions applied:

• To obtain a mental health care plan and comply with the same
• Not associate with any outlaw motorcycle member or enter a club room

Paroled from 21 March 2023 - 21 February 2025