Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Andrew Ian DEVINE

24 August 2007

Reason for Decision

On 13 July 2004 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences:

(a) Stealing x 3

(b) Trespass

(c) Possess house-breaking implement

(d) Attempted burglary

(e) Driver not holding Australian Drivers Licence

(f) Fail to appear x 4

(g) Breach of bail

In relation to the above offences the Applicant was sentenced to a period of imprisonment of three months. It was ordered that the Applicant not be eligible for parole in relation to that sentence.

On 23 March 2005 the Applicant appeared in the Hobart Magistrates Court and was convicted of one count of escape. It was ordered that the Applicant serve one month’s imprisonment. That sentence of imprisonment was to be served cumulative to the sentence of imprisonment imposed upon him on 13July 2004. It was ordered that the Applicant not be eligible to be considered for parole in relation to that crime.

On 6October 2004 in the Supreme Court the Applicant was convicted of one count of stealing. It was ordered that he serve a sentence of imprisonment of 15 months. In relation to that sentence of imprisonment it was ordered that he not be eligible to be considered for parole until serving 9 months of that sentence.

On 29September 2006 the Applicant appeared in the Supreme Court of Tasmania. He was convicted of one count of unlawfully setting fire to property and one count of assault. The Applicant was sentenced to a term of imprisonment of 21 months. It was ordered that the Applicant not be eligible to be considered for parole until serving 15 months of that sentence.

The sentence of imprisonment imposed upon him in the Supreme Court of Tasmania on 29 September 2006 was ordered to be served, cumulative to all other sentences of imprisonment that he was serving.

In relation to all matters for which the Applicant was convicted in either the Magistrates Court or the Supreme Court of Tasmania he was sentenced to a total period of imprisonment of four years and four months. It was ordered that he not be eligible to be considered for parole until serving 3 years and 4 months of that sentence.

The Board has been provided with documentation, which fully outlines the circumstances surrounding the offences committed by the Applicant for which he appeared in the Hobart Magistrates Court.

In relation to the stealing matter, which the Applicant was convicted of on 6October 2004, the Board has been provided with the comments on passing sentence made by Justice Underwood (as he then was). The comments on passing sentence provide the factual circumstances surrounding the crime committed by the Applicant.

In relation to the crimes of unlawfully setting fire to property and assault the Board has been provided with the comments on passing sentence made by Justice Evans. The comments on passing sentence provide the factual circumstances surrounding the crimes committed by the Applicant. They also detail the personal circumstances of the Applicant.

In relation to the crimes of unlawfully setting fire to property and assault, the Board has been provided with a Victim Impact Statement. That statement was tendered at the Applicant’s sentencing hearing. The Board has read that detailed document.

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. Comprehensive pre-parole report prepared by the Applicant’s probation officer.

2. The Applicant’s prison record.

3. The Applicant’s prior convictions.

The Applicant will have the support of his father and extended family upon his release from prison. The Applicant will have stable employment at a pizza shop owned by his father.

The Applicant appeared before the Board on the 10August 2007. During the course of that hearing, the Applicant was candid with the Board and indicated he is addicted to alcohol.

The Applicant indicated to the Board that he has sought some assistance for his addiction to alcohol whilst incarcerated.

The Applicant’s application for parole was adjourned to enable him to obtain further information regarding counselling for his addiction to alcohol upon his release from prison.

When the Applicant appeared before the Board on 24August 2007, he had made contact with an organisation known as Holyoake and had made arrangements for ongoing counselling in relation to his alcohol addiction.

The Board is of the view that the Applicant needs to undergo counselling for his alcohol addiction upon his release from prison. The Board notes that the Applicant’s earliest release date from prison is 21February 2008.

The Board intends making it a specific condition of the Applicant’s parole that he undergo counselling with the organisation known as Holyoake and not to desist from that counselling until authorised by his probation officer or alternatively until confirmation is received by his probation officer from offices of Holyoake that he no longer requires ongoing counselling.

Taking all matters into consideration the Board is of the view that the Applicant should be granted parole.

Paroled 04/09/07 – 21/02/08