Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Sharn Luke Rehrmann

12 May 2023

Reasons for Decision

The Background:

In the Matter of an Application to the Parole Board by Sharn Luke Rehrmann

Sharn Luke Rehrmann (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction on the charge of Armed Robbery.

The applicant became eligible to be considered for parole from 12 May 2023.

The applicant appeared before the Board in respect of his application at the hearing held on the 12 May 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.

Registered victim:

No

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 28 year old that committed a serious offence using an imitation firearm whilst affected by his use of illicit substances, mainly methamphetamines which he admitted using to self-medicate his anxiety and depression. The offence was committed on the spur of the moment without planning, and when confronted by police the applicant was co-operative and made full admissions.  At the time of the offence, the applicant also had a gambling habit which became more problematic when he was using illicit substances.

The applicant does not have a history of offending other than minor driving offences and was employed full time at the time he committed the offence. He has appeared to show genuine remorse for his actions and said he’d never done anything like the offending which led to his incarceration.

During the applicant’s current sentence his behaviour has been of a good standard and he has engaged positively, and politely in case management sessions which have focused on the development of a relapse prevention plan and goal setting for release. The applicant’s case notes reflect his strong motivation to succeed in the community by his willingness to work on crimogenic needs to avoid a return to prison.

At interview by the Board the applicant presented with insight to his situation and his need to properly address his mental health issues which underpinned his drug and gambling use that lead to the offence being committed. He has work available soon after his release from custody and the ongoing strong support from his mother and employer to assist him on parole plus a pro social work friendship group.

The applicant was assessed as suitable for parole by Community Corrections and noted that his behaviour in custody as being indicative of being able to comply with the strict conditions of parole and the 12 month suspended sentence that commences upon his release from custody.

The Board determined that the applicant was a suitable candidate for parole.  In addition to the normal conditions, conditions to address the applicant’s mental health and gambling addiction were also  imposed.  In addition to these specific conditions, electronic monitoring will be imposed also 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 the 25 May 2023 until the 25 November 2023.

Special conditions applied:

• To submit to Electronic Monitoring.
• Must obtain a Mental Health Plan and attend recommended psychological counselling
• Must engage with qualified gambling counsellor as per referral and assessment process
• Must participate in the self-exclusion process of the Tasmanian Gambling Exclusion Scheme
• Is prohibited from attending gambling or betting venues, holding any online gambling or betting accounts or placing bets through any gambling or betting website or application
• Is not to associate with a named person.

Paroled from 25 May 2023 - 25 November 2023