Parole Board Decision

In the Matter of Corrections Act 1997

and

In the Matter of an application for Parole by Beau Anthony Weily

31 March 2023

Reasons for Decision

The Background:

Beau Anthony Weily (‘the applicant’) is currently serving a sentence of imprisonment of 20 months, imposed upon conviction on charges of trespass, injure property, evade police, motor vehicle stealing, possess controlled plant or products and various firearms related offences.

The applicant became eligible to be considered for parole on 12 January 2023, but his application was adjourned at the Board’s hearing on 6 January 2023 for the applicant to demonstrate ongoing compliance and for the Board to seek further information regarding his participation and engagement in the Gottawanna program.

The applicant appeared before the Board in respect of his application at the hearing on 31 March 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 relatively young offender who unfortunately has a history of offending stretching back to his late teens, with relevant prior offending in relation to dishonesty, firearms, and violence. A contributing factor to this early criminal history appears to be the applicant’s childhood, characterised by family violence, and exposure to negative influences by his father as a member of the Outlaw Motorcycle Club.  He commenced using alcohol at the age of 16 and commenced use of illicit drugs in his early twenties through association with other drug users, ultimately spiralling over a 5-year period to heavy and frequent use.

The applicant has had the benefit of supervision orders in the past but has had difficulty in complying with these orders, continuing to reoffend and use drugs during the period of an order.   Indeed, some of the applicant’s current custodial sentence relates to serious offending while subject to a Drug Treatment Order which was ultimately cancelled.

Within the prison environment the applicant has generally maintained compliance.  He has achieved a minimum-security classification and was initially accommodated in the O’Hara Cottages.  He has also completed the Gottawanna program to address his substance abuse.  Unfortunately, despite a significant period of good behaviour, the applicant committed an internal offence, accessing illicit drugs and returning a positive drug screen while housed in the O’Hara Cottages in November 2022, leading to a change in his accommodation status.

However, since the internal offence, the applicant has returned to previous good behaviour, demonstrating a capacity for rehabilitation.  Case notes indicate the applicant has regularly engaged with therapeutic services since his internal offending and all case notes are positive, particularly regarding his employment as a wardsman and general polite and compliant behaviour.

Several other protective factors exist for the applicant.  He has continuing support from his mother and his ex-partner with whom he has a two-year-old daughter.  His ex-partner is supportive of the applicant re-engaging with his daughter and during his interview with the Board, the applicant expressed that his family, and particularly his daughter is the most important motivation for him to remain drug free.

The applicant has suitable and supportive accommodation and has employment organised which will allow him to comply with any conditions parole be granted.

The biggest risk for the applicant remains his relapse into drug use and past pro-criminal associations. When challenged about his internal offence, the applicant stated that his behaviour was inexplicable as he had been offered drugs in the past and had remained abstinent, wanting to focus on release and reintegration back into the community.  The applicant reflected that he now has a better mindset and clarity around what is important, with his family support and employment being important factors in assisting him to remain drug free.

In assessing the applicant as suitable for parole, Community Corrections noted the applicant’s lack of internal offending and excellent compliance since his last appearance before the Board, in addition to the protective factors provided by family support and gainful employment available to the applicant on release.

On balance, despite the applicant’s history of poor compliance in the past, the Board is satisfied the applicant has positive strategies in place and sufficient motivation to succeed on parole.

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 a parole order.

The Board’s determination:

Parole Granted

Special conditions applied:

• Must submit to electronic monitoring.
• Must not contact, approach or associate with any member of the Outlaws Motorcycle Club or other motorcycle gang.
• Must not visit or enter any Outlaws Motorcycle Club or any other motorcycle gang club.

Paroled from 12 April 2023 - 14 November 2023