Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Billy Galvin Gordon Riley

20 January 2023

Reasons for Decision

The Background:

Billy Gordon Riley (‘the applicant’) is currently serving a sentence of imprisonment imposed upon conviction for matters including attempted aggravated armed robbery, evading police and drug, driving and family violence offences.

The applicant was previously granted parole on 14 May 2021, but the order was revoked one month later due to non-compliance and alleged new offending.  The applicant’s subsequent application for parole has been adjourned on several occasions due to lack of accommodation and for the applicant to focus on behaviour in custody.

The applicant most recently 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.

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 punish for the criminal wrongdoing.

Consideration:

This applicant is someone who has struggled with authority in the past and has mixed success in maintaining compliance when provided with opportunity for community supervision, and indeed lasted only a month on a previous period of parole granted in 2021.

His current offending appears linked at least in part to his drug use. Prior to developing an addiction to methylamphetamine in 2016 after using on a recreational basis, the applicant had a relatively stable lifestyle, with secure accommodation and employment. His offending escalated when he lost this stability due to his addiction and a relationship breakdown, and his offending history reflects an increase in offences of violence and dishonesty, in addition to drug related driving offences during that time.

Of concern to the Board in considering this applicant’s suitability for parole is the risk he poses to the community due to his past inability to maintain compliance in the community.  He has also struggled to adhere to prison regulations during his custodial sentence and has engaged in internal offending including possession of unauthorised items and assault.

The applicant’s last internal offence was committed just prior to an appearance before the Board in September 2022, and led to a regression in his classification to maximum. As a result, the Board adjourned the application requesting the applicant focus on his behaviour before further consideration would be given to his application.

Information provided suggests the applicant has taken steps towards improving his behaviour.  No further internal offending has occurred, and case notes describe his attitude and behaviour towards correctional staff as polite and compliant, despite challenging operational issues within the prison.

The applicant has suitable accommodation.  He has reengaged with the Tasmanian Aboriginal Centre for support in the community if released. That support will be directed towards facilitating the applicant’s access to health care, drug and alcohol counselling and general reintegration into the community.

The applicant expressed his desire to pursue his application for parole, despite being very close to the expiration of his custodial sentence.  He cited his desire to reconnect with his young daughter as his motivation to engage with parole and indicated he has had good family support from his mother and sister, both when last on parole and during his custodial sentence.

The applicant has identified his risk factors to be a relapse to drug use and a return to engaging with negative associates, but maintained he has remained drug free and avoided involvement with negative influences during the last few months of compliant behaviour.

While concerns remain regarding the applicant’s capacity to comply with parole given his history, his willingness to be subject to the strict conditions of parole rather than simply serve his full custodial sentence suggest motivation to change. The applicant appears to have commenced a path that would assist him to lead a more meaningful life and ability to be involved with his daughter, which continues to be his strongest motivation.

The Board is of the view there are factors protective of his risk of reoffending, including support he will receive from the TAC, his desire to reunite with family and the ability of the Board to monitor his compliance with parole conditions via electronic monitoring.

On balancing all factors, the Board determines the applicant is suitable for a further period of parole.

The Board’s determination:

Parole granted

Special conditions applied:

• Must submit to electronic monitoring of parole conditions.

Paroled from 30 January 2023 - 5 August 2023