Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Mathew James Mundy

21 April 2023

Reasons for Decision

The Background:

Matthew James Mundy (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction on charges of Motor Vehicle Stealingx2, Computer Related Fraud x14, Stealing x8, Burglary x9, Aggravated Burglary x2.

The applicant became eligible to be considered for parole from the 28 April 2023.

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

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 is a 43 year old with a significant history of prior offending, largely for similar offences and has served a previous sentence of imprisonment in another state. Contributing to the applicant’s history of offending has been the use of drugs, which he began using from an early age in his teenage years. His consistent use of illicit substances, namely cannabis and methamphetamines, and consumption of alcohol throughout his adult life has been the major contributing factor in the applicant’s offending behaviour. The applicant said his reason for offending was solely for the purpose of funding his drug habit, and when drug affected,  doesn’t care what he does to obtain the funds he needs. That said, the applicant expressed regret for the offending and ‘always feels for the victims’.

During the applicant’s current sentence he sought to address his offending behaviour and substance abuse issue by expressing a willingness to engage in therapeutic programs but was unable to complete these due to remaining on the waitlist. The applicant has largely been compliant during his custodial sentence which is reflected in his minimum security rating, and case notes reflect the applicant is polite and willing to engage in case management.  The applicant has been working 5, sometimes 6 days a week in the kitchens and has received a number of positive comments regarding his work performance.

The applicant is known to Community Corrections having previously completed several Probation Orders and Corrections Orders. A previous Parole Order was however unsuccessful due to reoffending.

At interview by the Board, the applicant presented as motivated to be successful on Parole stating that he not only wants to do this for himself, but also for his mother who is unwell. The applicant said he strongly believes he can change and wants to better himself whilst also ‘proving to others that he can do it’. The applicant is committed to accessing counselling whilst on parole to help him deal with his past abuse trauma and substance abuse issues. He also recognises the need for him to distance himself from previous associates if he is to be successful on parole.

Whilst recognising the problems he has and therefore requiring a high level of support on parole, the applicant has positive strategies in place to avoid previous associates, is committed to engaging in counselling, has demonstrated the ability to complete previous orders and is motivated to succeed on parole.

The applicant was assessed as suitable for parole by Community Corrections. In addition to the normal conditions, electronic monitoring will be imposed to enable effective monitoring and apply an additional incentive for the applicant to comply with the support and structure of the parole order.

The Board’s determination:

Parole granted from 01 May 2023 until 28 December 2023

Special conditions applied:

• To submit to Electronic Monitoring

Paroled from 1 May 2023 - 28 December 2023