Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Frankie Lyle Curtis

10 November 2006

Reasons for Decision – A majority decision

On 13 June 1986 the applicant, Frankie Lyle Curtis, was convicted of the murder of Dean Allie on 15 February 1986. He was originally sentenced to imprisonment for the term of his natural life.

On 2 December 1986 he was sentenced to a further period of fourteen (14) years imprisonment (to be served concurrently with the life sentence imposed upon him on 13 June 1986) for the following crimes:

(a) Forcible Abduction

(b) Aggravated Burglary

(c) Grievous Bodily Harm (4 counts)

(d) Assault (11 counts)

(e) Indecent Assault (12 counts)

(f) Rape (7 counts)

(g) Unnatural Carnal Knowledge

Mr Curtis made an application pursuant to the Criminal Code (Life Prisoners and Dangerous Criminals) Act 1994 to be re-sentenced. The application was heard by Justice Crawford.

On 30 August 1996 his Honour ordered that the sentence of life imprisonment imposed on 13 June 1986 be annulled and in its place Mr Curtis was sentenced to imprisonment for a term of thirty (30) years commencing on 15 February 1986. It was ordered pursuant to section 12B(e) of the Parole Act 1975 (now repealed) that he not be eligible for parole until serving 18 years of the 30 year sentence. He became eligible to be considered for parole on 15 February 2004.

The Board’s role is to determine whether the applicant meets the necessary statutory criteria to be granted parole and if so what conditions should be imposed upon him during the parole period.

Mr Curtis is now 37 years old. He was 16 years old at the time of his offences. He had no prior criminal record.

The Board has been provided with the comments on passing sentence made by Justice Crawford when re-sentencing Mr Curtis.

In re-sentencing Mr Curtis, His Honour, Justice Crawford stated amongst other things:

“The criminal conduct of the applicant and his brother, David John Watson, on 15 February 1986, was the most violent and horrific I have had to deal with. His brother’s criminality was more heinous than that of the applicant.

Mr Justice Crawford also stated later in the comments on passing sentence:

“…. nevertheless the applicant played a major role in performing the horrors of that day and in particular in the brutal bashing, kicking and otherwise cruelly treating Mr Allie and in eventually intentionally bringing about his death. Alcohol may have released inhibitions to some extent. Notwithstanding the psychiatric opinion that there are very strong mitigating circumstances so far as the applicant is concerned, he nevertheless stands to be profoundly condemned for his active and willing participation in the commission of the crimes.

I am persuaded, particularly by the youthfulness of the applicant at the time of his crime and his immaturity, that the severity of the sentence to be imposed upon him ought to be less than that which might be appropriate in the case of an older or more mature offender. In all the circumstances of the case, particularly those I have outlined, I have determined that the appropriate sentence for all his crimes that day is one of imprisonment for 30 years with a non-parole period of 18 years.”

Mr Curtis has now served in excess of twenty (20) years of those thirty (30) years. The Parole Board has met on seven occasions other than this hearing of 10 November 2006. The Board first met on 30 January 2004. This hearing was adjourned to obtain further reports. On 13 February 2004 Mr Curtis himself withdrew his application in order to complete the Sex Offender Treatment Program, which had only recently been established. A further hearing dated 22 July 2005 was adjourned so that a psychiatric report could be obtained.

On 13 December 2005 a further hearing was held and more information obtained. However concerns were raised about accommodation issues. The Board reconvened on 28 February 2006 but this hearing was adjourned as accommodation had not been finalised. The Board has recently met again on 13 October 2006 and 27 October 2006 to obtain further witnesses evidence.

Since Mr Curtis has become eligible for parole the Parole Board has received and considered the following documents;

• Corrective Services Division Parole Assessment Form relating to Education and Training, Welfare Unit and Industry Work
• Pre-Parole Report dated 15 July 2005
• Sex Offender Treatment Program report dated 6 February 2004.
• Sex Offender Treatment Program Completion Report dated 28 September 2005
• Consultant Psychiatrist Report dated 9 November 2005
• Sex Offender Treatment Program Exit Report dated 8 August 2006
• Updated Pre-Parole Report dated 24July 2006
• Report (and oral evidence) from authorities in relation to accommodation arrangements

In relation to the Sex Offender Treatment program it is noted Mr Curtis entered this course of his own volition and attended the course for a period of 19 months. He appears to be remorseful and acknowledges his own part in participating in the offences.

The Board also received a number of Victim Impact Statements and updates regarding the effect these crimes have had on the victims. Consideration has been given to the severe suffering of the victims then. They are still suffering and will continue to suffer into the future.

Section 72 (4) of the Corrections Act 1997 lists the matters which the Board is to take into consideration. This list is not exhaustive and the Board may take into account other matters.

The likelihood of the prisoner re-offending was considered by the psychiatrist who states the opinion that this risk is very low. Mr Curtis has no psychiatric disorder.

With respect to complying with conditions it is noted that over the past 2 years Mr Curtis has had numerous section 42 overnight releases. Section 42 releases are designed to facilitate the re-integration of a parole applicant into the community. These releases have been unsupervised and have proceeded without incident. In addition Mr Curtis’s behaviour whilst in prison has been considered appropriate with no incidents reported since 1996. Mr Curtis is aware that if he re-offends he will be in breach of parole and again subject to incarceration.

Mr Curtis has completed a trade and is likely to find employment whilst still relatively young if released at this time.

The Board has decided to grant parole. However this will not commence until early January 2007 so that he and his Parole Officer can develop a management plan to assist in increasing the likelihood of success of his rehabilitation given the high degree of institutionalisation from a young age. It is thought that his rehabilitation will be better served whilst outside the prison system given that it will be a requirement that he receive a very high level of supervision and support for his re-integration back into society. This period may also assist the victims in coming to terms with the imminent release of Mr Curtis.

There will be a number of extra conditions attached to this grant of parole. These arise out of recommendations made in the reports and documents before the Board. These conditions include that:

• Mr Curtis is to attend a community counselling and maintenance program for sexual offenders as approved by his Parole officer for the next 12 months.
• That he adheres to the strategies contained in his Relapse Prevention Program
• Mr Curtis is to remain alcohol and drug free
• He is not to enter licensed premises
• Mr Curtis adheres to the strategies determined by his Parole Officer in relation to social interaction and using the support people made available to him
• Mr Curtis is not to knowingly approach the victims or their immediate families. (Non molestation orders in relation to the victims and their families are also included in the usual parole conditions.)
• Mr Curtis is not to reside in or enter the Glenorchy City Council Municipality for any reason

The Board will reconvene and meet again with Mr Curtis three months from the date of his release and at periodic intervals thereafter.

Mr Curtis will be on parole until 14 February 2016.