Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Timothy John West

13 October 2006

Reason for Decision

The applicant is presently in custody in relation to the following crimes:

(a) Manslaughter contrary to section 159 of the Criminal Code

(b) Aggravated Burglary contrary to section 245(a)(iii) of the Criminal Code

(c) Assault contrary to section 184 of the Criminal Code.

In relation to the crimes of manslaughter and aggravated burglary the Applicant was sentenced by Justice Underwood (as he then was) to a term of imprisonment of 4 years with a non parole period of 3 years.

That sentence ,on appeal, was reviewed by the Court of Criminal Appeal. The Court of Criminal Appeal quashed the sentence of 4 years imprisonment with a non parole period of 3 years. The Court of Criminal Appeal substituted a sentence of imprisonment of 7 years and it was ordered that the applicant not be eligible to be considered for parole until serving 4 years of that sentence.

In relation to the assault the applicant was sentenced to a term of imprisonment of two months.

The applicant’s earliest release date from prison is the 21 July 2009

The comments on passing sentence and the Judgement of the Court of Criminal Appeal deals with, in detail, the factual circumstances of the applicant’s crime.

The Board has also been provided with documentation, which fully outlines the circumstances surrounding the crimes committed by the applicant.

The Board has been advised by the Victims Assistance Unit that no victim is registered in relation to the applicant’s crime and as such the statutory criteria in that regard have been met.

In considering the applicant’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.

The Board has taken the following matters into account when assessing the applicant’s application for parole:

(a) The comprehensive pre parole report prepared by the applicants probation officer

(b) The applicants prior convictions

(c) The applicants prison record

(d) A comprehensive report prepared by the Aboriginal Support and Liaison Officer of the Department of Justice

(e) That the applicant has participated in conditional releases from prison on a monthly basis, without incident.

(f) That the applicant has established close ties with the indigenous community.

The applicant will be residing with his parents upon his release from prison. He will enjoy the support of his immediate family members as well as his extended family.

Whilst incarcerated the applicant has forged strong ties with the indigenous community. He has participated in a number of courses. He has participated in the Yala Art program and has become an accomplished artist. He has sold a number of his works for which he is justifiably proud.

The applicant has completed a TAFE Certificate course in Welding and Fabrications.

The Board is of the view that the applicant meets the statutory criteria to be granted parole. With the continued support of his family and the indigenous community the Board is of the view that the applicant will successfully complete a period of parole.

In the Board’s view the applicants reintegration back into the community will best be achieved by the applicant being granted parole with appropriate conditions.

Paroled 24/10/06 – 21/10/09.