Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Shane Rudman

24 April 2006

Reason for Decision:

Mr Shane Rudman was convicted of one count of murder and was sentenced for that crime on 1 July 1996. He was sentenced to a term of imprisonment of twenty years. The sentencing judge Mr Justice Wright did not impose a non-parole period upon his sentence and as such he was eligible to be considered for parole after serving one half of his sentence. Mr Rudman has been eligible to be considered for parole since 21 November 2005.

The factual circumstances surrounding the crime committed by Mr Rudman are set out in detail in the comments on passing sentence, made by Mr Justice Wright, when sentencing him. The Board has carefully considered the comments on passing sentence made by Mr Justice Wright.

At the time of being sentenced by Mr Justice Wright for the crime of murder Mr Rudman was in custody and serving a sentence of 12 months imprisonment for the crime of assault.

The factual circumstances surrounding the assault were linked to the murder and as such Mr Justice Wright ordered that Mr Rudmans sentence of imprisonment be served concurrently with the sentence imposed upon him for the assault.

The Board has been advised by the Victim’s Assistance Unit that relatives of the victim were invited to provide victim impact statements to the Board. No victim impact statements were provided to the Board for its consideration. The statutory criteria in that regard has been satisfied.

In considering Mr Rudman’s application for parole the Board has taken into account the relevant statutory criteria which it is required to do so pursuant to the Corrections Act 1997.

This was not the first application made by Mr Rudman for parole. He made an application for parole which was heard and determined on the 8th of November 2005.The Board as then constituted declined to grant him parole. It was of the view that he needed to participate in further releases from prison pursuant to Section 42 of the Corrections Act 1997 to assist him in reintegrating back into the community.

Since November 2005 Mr Rudman has participated in further periods of day release .He has fully complied with the conditions attached to those short periods of release.

The Board has been provided with a number of pre parole reports prepared by Mr Rudmans probation officer. These comprehensive reports have detailed his proposed accommodation upon his release from prison, the fact that he has excellent prospects of full time employment along with significant personal information about him.

On 10 April 2006 the Board interviewed Mr Rudman’s wife. He will be residing with her upon his release. The Board is of the view that Mrs Rudman will have a positive influence upon her husband. She is fully conversant with the conditions, which will be placed upon Mr Rudman during the period of time he will be on parole and she indicated to the Board that she will assist him in complying with those conditions.

The Board has also taken into account the following matters:

(a) Mr Rudman’s prior convictions

(b) Mr Rudman’s prison record

(c) A number of references written on Mr Rudman’s behalf

(d) The fact that Mr Rudman has undertaken a number of courses whilst in prison

(e) Mr Rudman’s prison file

The applicant was interviewed on the following dates in relation to his present application for parole

(a) 14 February 2006.

(b) 28 February 2006

(c) 14 March 2006.

(f) 27 March 2006.

(g) 10 April 2006.

(h) 24 April 2006.

As a result of interviewing Mr Rudman the Board has formed the view that he has a clear understanding of his obligations to the community whilst on parole and his continued rehabilitation will best be served by granting him parole.

The Board is of the view that Mr Rudman meets the statutory criteria for him to be granted parole. Subject to appropriate conditions upon his parole the board is of the view that the he should be afforded the privilege of parole.