Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Tory Ross Rose

17 March 2023

Reasons for Decision

The Background:

(“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Drive whilst disqualified x3, Driver not holding Australian driver licence, foreign driver licence, international driving permit with alcohol in body x2, Contravene conditions of a Notice, Drive motor vehicle while consuming liquor and Person Mentioned in section 6(3).

The applicant became eligible for a parole order from the 29/03/2023.

The applicant appeared before the Parole Board at its hearing on the 17/03/2023.  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 has a criminal history involving matters of dishonesty, family violence and driving offences.  Whilst this is not his first sentence of imprisonment it is the longest period he has spent incarcerated.  Previous efforts to supervise and assist the applicant reform his behaviour have been to date unsuccessful.  He has in the past been subject to Probation and Community Service Orders but demonstrated poor engagement and breached two of the orders by offending whilst subject to them.  This offending occurred in breach of a suspended sentence which was, as a result activated, but is now served.

The applicant claims to have had significant time during his current sentence to reflect on his behaviour and his current circumstances.  He has recognised that his use of alcohol has been contributory to his offending in the past and has sought assistance to cease his alcohol intake.  He is future focused.  He intends to engage with TAFE to undertake a diploma which will then enable him to teach arborist work to others.  He has employment organised with his Uncle to commence when released.

His offending has occurred at times when his life has been turbulent.  He suffered a workplace injury which he believed would prevent him from ever returning to his former occupation.  His relationship with his partner had deteriorated with frequent arguing. The claimant asserts that they have been able to progress to a more mutually respectful relationship. Perhaps most significantly the applicant points to his increased maturity, he is now 29 years of age, as central to his motivation and intent to lead a productive and pro social lifestyle.

Reflective, perhaps, of the applicant’s maturity and motivation, he has in the main served his sentence in a compliant manner.  He is rated as requiring minimum security, is described in his case notes as “very polite” and “prepared to put in the work with his reintegration” and has been employed as a leading hand in the prison kitchens.  The applicant has also been described as very proactive, looking forward to a positive future with his family and having a strong work ethic by his planning and reintegration officer.

Whilst the past record of non compliance whilst under supervision gives rise to obvious concern regarding the capacity or intent of the applicant to comply with the rigours of a parole order and the risk he may present for offending whilst under an order. Nevertheless the approach he has taken to his incarceration suggests that he is both committed to making a pro social change in his lifestyle and that he possesses the maturity to follow through on that intent.

The Board’s determination:

Parole is approved

Special conditions applied:

nil

Paroled from 29 March 2023 - 29 September 2023