Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Keith Jamie Lynch (Whitton)

9 June 2023

Reasons for Decision

The Background:

Keith Lynch is currently serving a sentence of imprisonment of 18 years for the offence of murder. The Applicant became eligible to be considered for parole on the 16^th May 2022.

The Applicant was first released on parole in 2016, which was suspended in 2017 for a period of 14 days. There were several episodes in the community that followed his re-release later in 2017. His parole was suspended for a short period on a further occasion in December 2020. In June 2021, he was arrested on a parole board warrant and his parole was subsequently confirmed. In March 2022, the Applicant absconded and in May 2022, he was arrested on warrant and his parole was subsequently revoked.

The Applicant appeared before the Board in respect of his application at a hearing on the 9 June 2023 where he 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. The Applicant believed that the report was not very favourable and he “had some issues with it”. He noted that he “did achieve a lot……I worked a fair bit……I was out for 6 years and only a couple of breaches……cannot be all bad”.

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:

The Applicant’s prior history dates back to 1990 as a juvenile. He has a highly traumatic history, being subject to poverty, neglect and abuse from a young age. Consequently he has a number of psychological difficulties, which without assistance, can lead to anti-social behaviour.

The Applicant has many positive aspects of his time in custody. He has been in several trusted positions of employment and has completed various programs and training. During his most recent period in custody the Applicant has engaged in therapeutic supports.

Recently there was an incident within the prison, which suggested a level of violence. The Applicant reflected on the matter, and notes that whilst it did not appear favourable, his actions were reflective of his generation, that an animal would be removed from its suffering.

Whilst in custody the Applicant has ruminated about his approach to parole. He notes that relationships were a challenge and on this occasion intended to focus on his relationships with his children – “Coming back to prison has helped me, cause I understand what it was, and understand what the system is. It doesn’t serve a purpose, for the betterment of the life to be here”.

Throughout previous parole periods there has been challenges including instability in relationships, employment and engagement with supervision. He has been vulnerable in the context of interpersonal relationships. When matters have started to destabilise for the Applicant he has engaged in non-compliance, externalisation of blame and disengagement.

Upon interview and when questioned about his previous parole periods and the difficulties that he experienced the Applicant noted that “at times it has been difficult to navigate”. He noted that he needed to “take a step back and not place pressure on myself…..in the past I have taken on too much responsibility”. Consequently the Applicant placed himself under pressure. The Applicant noted that if released, he desired to return to school in the areas of engineering and environmental science.

As to personal relationships, the Applicant’s focus is on his relationship with his children and not personal relationships – “my children are my future”. The Applicant noted that his previous relationship was not a positive one, and led to the use of illegal substances. He does not intend to resume the relationship or engage with the female.

If released, the Applicant would be working with “Beyond the Wire” a program with the Salvation Army. As outlined in a letter (dated 19 May 2023), provided to the Board, the program will assist the Applicant in providing support for his mental health , his education and local community programs.

The Board considered the Applicant to exhibit strong prospects for change, noticeably engagement with therapeutic supports to address his previous trauma, a cessation of intimate relationships and a focus on stability, all of which subsequently will address his coping ability.

The Board is satisfied that the risks identified can be effectively managed through the level of supervision and case management provided by a parole order, engagement with trauma-informed clinical psychologist and the imposition of electronic monitoring of the conditions imposed.

The Board’s determination:

Parole is approved

Special conditions applied:

• Mental Health Care Plan
• Electronic Monitoring

Paroled from 19 June 2023 - 16 February 2030