Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Steven Craig Murtagh

3 March 2023

Reasons for Decision

The Background:

Steven Craig MURTAGH (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Aggravated Assault x2.

The applicant became eligible for a parole order from the 07/03/2023.

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 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 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:

The applicant’s history of offending has been reasonably described in the past as appalling.  He has been engaged in an almost relentless pattern of offending particularly for matters of violence and dishonesty.  He has in the past been subject to terms of imprisonment and this together with previous efforts at diversion by way of parole and drug treatment orders have not deflected him from his offending behaviour.  He has nevertheless consistently maintained a desire for rehabilitation and reform.

The applicant’s offending behaviour has been contributed to by his entrenched drug addiction.  During the current custodial period the applicant has attempted to gain therapeutic assistance to deal with this abuse by engaging in individual alcohol and drug counselling and commencement on the bivudal program.  The latter intervention particularly was described by the applicant at hearing as significant and likely to provide him with extra support in attempting to make changes to his lifestyle upon his return to a community setting.

The plaintiff has laboured under the effects of serious drug addiction from his teenage years.  He recognises that despite prior claims of a motivation to change he has not been able to put that motivation into reality.  He states that he feels that he has now reached a stage of “rock bottom”.  He has lost his sons to welfare and the desire to get them back is a strong motivation for him to effect significant lifestyle change.  He has been positively working with the relevant authorities developing a plan for his reintegration with his children.

In identifying matters which support the claim for a desire and capacity for change the applicant points to the compliant manner in which he has served his sentence since 2021.  Up until that time he committed internal offences finding it difficult or lacking the interest to comply with the prison’s rules and regulations. He has ceased that behaviour, has not engaged in any internal offending over the last 12 months and is housed in minimum security.  Case notes reflect positively on his behaviour.  He has worked during sentence as a wardsman and has been described as reliable in that capacity.

During sentence the applicant has also engaged with the violence prevention program and facilitators of that program comment that he ought to be “proud” of his work in that program.  The applicant continues to have a good level of pro social support in the community and suitable accommodation is available to him for the period of his parole order.  Community Corrections has assessed the applicant has suitable for an order.

Whilst the applicant’s past offending, lifestyle choices and failures to comply with a previous parole order raises significant concerns as to the risks he may present upon release to the community, the way he has served his sentence attests to his motivation to achieve a change in his life.  He possesses the skills and the intent to lead a pro social lifestyle and gain back the positive things that will lead from that, most particularly a relationship with his children.

The Board’s determination:

Parole is approved

Special conditions applied:

• Electronic monitoring
• No contact with specified persons

Paroled from 14 March 2023 - 6 March 2025