Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mark John Morsillo

20 January 2023

Reasons for Decision

The Background:

Mark John Morsillo (‘the applicant’) is currently serving a sentence of imprisonment of 12 months imposed upon conviction of a charge of trafficking, manufacturing, supply and possession of a controlled substance.

The applicant became eligible to be considered for parole on 4 February 2023.

The applicant appeared before the Board in respect of his application at the hearing on 20 January 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.

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.”

A pre-parole report prepared on behalf of the Board was read to the applicant prior to his appearance at the hearing.

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’s offending relates to the growing and cultivating of cannabis to a trafficable quantity in addition to manufacturing amphetamine. The applicant reports the situation leading to this offending developed after the breakdown of a long-term relationship of 15 years broke down. The resulting financial and personal difficulties led to an escalation into problematic methamphetamine use and a need to fund this use.  Prior to this the applicant had been using and growing cannabis predominantly for his own use.

His prior history reflects struggles with alcohol and drugs from an early age, with a range of dishonesty offences and a significant amount of drug related offending, some of which led to custodial sentences when the applicant resided in New South Wales. He reports his childhood was not a stable one, and from the age of nine effectively raised himself and his brother due to absence of his father and an alcoholic mother who was rarely at home due to her attendance at the local club.  The applicant spent most of his teenage years as a transient or in and out of boys’ homes and started abusing alcohol and drugs in his early teens.

While this is not the first custodial sentence the applicant has served in relation to his illicit drug use, it is the first one in Tasmania.  By his own admission, the applicant has effectively been “stoned” for 40 years but views this custodial sentence as having had the most impact. He reports his alcohol and drug use had got out of hand and he felt he needed to be apprehended to understand he had much more to lose than in the past. At the time of his offending the applicant was living in his own home and had a strong relationship with the adult children of his ex-partner, one of whom was living with him at the time of his arrest.

The applicant’s acknowledgement of the impact of his offending and need to change is reflected in the way he has undertaken his custodial sentence and demonstrates capacity for rehabilitation.  He is currently classified minimum security and resides in the O’Hara units, accommodation which demonstrates the applicant’s trusted position in the prison. There is no record of internal offending throughout the period of his incarceration, and he is employed as a leading hand in the Fire Shed.

While the applicant has undertaken limited therapeutic intervention regarding his substance abuse due to lack of programs being available, there are several protective factors that suggest the applicant has the capacity to comply as he has in a custodial setting if released to a parole order.

The applicant has suitable, stable accommodation and has good support from his ex-partner’s adult children who he sees as his own and he has maintained regular contact with them throughout his incarceration. He intends to seek support from appropriate alcohol and drug counselling and be part of the Justice program with the Circular Head Aboriginal Corporation (CHAC) which can offer him a range of referral pathways and support. As the applicant had previously connected with CHAC prior to his incarceration, CHAC has maintained contact with the applicant during his custodial sentence and will continue to provide support on release.

On interview the applicant expressed an intention not to return to his previous heavy use of illicit drugs, outlining the importance for him of being able to return to his home and help care for his adult daughter who is expecting a child.

The applicant reported he has remained drug free during his custodial sentence and is currently on the Buprenorphine program which he states assists in keeping his mood and emotions stable.  The applicant has demonstrated a capacity to change, and this is an opportunity for the applicant to build on the change he has been able to make and break the cycle of long terms drug use.

The Board’s determination:

Parole Granted

Paroled from 6 February 2023 - 4 August 2023.