Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by D

9 November 2007

Reason for Decision

The Applicant was convicted of one count of maintaining a sexual relationship with a young person contrary to Section 125(A) of the Criminal Code.

The Applicant was sentenced to a term of imprisonment of seven years. It was ordered that he not be eligible to be considered for parole until serving four years of that sentence.

As such the Applicant became eligible to be released on parole on 3 August 2007.

The Board has received advice from the Victims Assistance Unit that no victim is registered in relation to the crime committed by the Applicant and as such the statutory criteria in that regard has been met.

The Board has been provided with the comments on passing sentence made by Justice Blow when sentencing the Applicant.

The comments on passing sentence provided to the Board fully outline the circumstances surrounding the crime committed by the Applicant.

In relation to the issue of parole His Honour made the following comments:

“I think the Parole Board will be in a better position that I am to decide whether the prisoner should be released, and will therefore impose a non parole period close to the statutory minimum.”

In considering 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. the 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 (which the Board notes amounted to breaches of the Traffic Act);

4. a psychiatric report prepared by Dr Ian Sale dated 18October 2007;

5. a report prepared by David Byrom dated 29July 2007 (such report was tendered at the Applicant’s sentencing hearing);

6. a report prepared by the facilitators of the Sex Offenders Treatment Programme.

The Board notes that the Applicant has been granted periods of conditional release pursuant to Section 42 of the Corrections Act to assist him in his reintegration into the community. These releases pursuant to Section 42 have occurred without incident.

The Board notes that the Applicant has suitable accommodation upon his release from prison. The Applicant has some prospects of employment.

The Applicant was ineligible to participate in the Sex Offenders Treatment Programme as he was assessed by facilitators of that programme as being at a low risk of re-offending.

In that regard the Board received a report from the facilitators of the programme dated 18 July 2007. In that report the facilitators opined as follows:

“Low risk offenders are unlikely to benefit from extensive treatment as intensive services may actually increase their risk of re-offending in the future (Cumming & McGrath 2005)”.

Given the nature of the crime committed by the Applicant the Board is of the view that it would be appropriate to make specific conditions regulating the Applicant’s ability to interact with children. The Board will make specific conditions preventing the Applicant from being found in the presence of a child without appropriate supervision.

The Board is satisfied that the Applicant meets the statutory criteria to be granted a period of parole and it is ordered that the Applicant be so paroled.

Paroled 20/11/07 – 03/08/10