Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Mark William BAKER

13 December 2007

Reason for Decision

On 6 June 2006 the Applicant was convicted of one count of attempted murder contrary to Section 158 of the Criminal Code.

The Applicant was sentenced to a period of imprisonment of 3½ years to commence on 19 November 2005. It was ordered that the Applicant not be eligible to be considered for parole until serving 2 years of that sentence.

As such the Applicant became eligible to be considered for parole on 18 November 2007.

The Board has been provided with the comments on passing sentence made by Justice Crawford when sentencing the Applicant. The comments on passing sentence, fully outline the factual circumstances surrounding the crime committed by the Applicant and also provides details as to the Applicant’s personal circumstances at the time he was sentenced.

The Board has been provided with a statement prepared by the victim of the Applicant’s crime. The Board has carefully considered the statement made by the victim of the Applicant’s crime and the impact of the Applicant’s crime has had upon her.

The victim of the Applicant’s crime has requested a number of specific conditions, which will prevent the Applicant coming into contact with her and her daughter. The Board is of the view that the making of such conditions is appropriate in this case.

The Board notes that the victim of the Applicant’s crime has successfully applied for a restraining order, which prevents the Applicant having contact with her.

The Board has also been provided with the victim impact statements tendered at the Applicant’s sentencing hearing. The Board has read those documents and has taken them into account when assessing the Applicant’s application for parole.

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

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

1. A comprehensive pre-parole report prepared by his probation officer.
2. The Applicant’s prison record, which can be described as exemplary.
3. The Applicant’s prior convictions.
4. The fact that the Applicant has completed the course “Preparing for Change”.
5. The fact that the Applicant has completed the “Parole Awareness Course”.
6. The fact that the Applicant has undertaken a number of educational courses whilst in prison.
7. A written submission provided to the Board by the Applicant.
8. A number of references tendered by persons who support the Applicant’s conditional release from prison on parole.

The crime committed by the Applicant occurred after he separated from his wife. He indicated to the Board that the breakdown of his marriage caused him to suffer from depression and to consume alcohol to excess.

Whilst in prison he has sought assistance for his depression and inappropriate use of alcohol.

He has strong prospects of obtaining employment upon his release from prison. He will have stable accommodation with family members.

The Board is of the view that the Applicant meets the statutory criteria to be granted parole.

Paroled 2 January 2008 – 18 May 2009.