Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by DP

13 July 2007

Reason for Decision

On 3 May 2005 in the Supreme Court of Tasmania at Burnie the Applicant was convicted of three (3) counts of ill treating a child and of assault.

In relation to the above crimes the Applicant was sentenced to a period of imprisonment of 4 years with a non-parole period of 2 years.

The Applicant was eligible for parole on 18 April 2007.

On 13 July 2007 the Parole Board granted parole for the following reasons, taking into account the statutory criteria pursuant to the Corrections Act 1997:

• The Applicant has satisfactory accommodation which will not contravene any conditions that will be set out in the order so far as the victims’ requests are concerned
• The Applicant states he is remorseful. He now appreciates that the victims want no further contact with him and states he will make no attempt to contact the victims
• The Board has considered a psychiatric report completed on 24 April 2007 noting there is no evidence of dementia or any mental illness but poor insight into past actions and their ramifications. It is also noted that he appears to be in poor physical health
• The likelihood of re-offending is considered low given the lack of circumstances and physical health of the Applicant
• The Board has taken into account the Pre-Parole report dated 4 April 2007 and the home assessment completed 20 June 2007
• The Board has taken into account Justice Slicer’s statements on passing sentence including statements that the regime inflicted might have been the product of another age and a reflection on the upbringing of the Applicant himself. However it was also acknowledged that this ‘form of complete control went beyond the norms of a reasonable parent, then and now’. ‘The verbal abuse was a constant. The physical abuse was likewise frequent and……often random and irrational and… ‘a product of temper and/or frustration.’ Justice Slicer noted that the ‘severity and constancy of verbal and physical ill treatment has produced significant and longstanding adverse effects on each child’. However the Applicant had no prior convictions, was then in ill health and grew up in an environment of hardship. Allowance was made for the age and medical conditions of the Applicant
• The Board has considered the victims statements and notes their fears and suffering as a result of the ill treatment and abuse metered out by the Applicant. The Board will include orders that the Applicant not attempt any contact with any of the victims or their families or visit the northwest coast region of Tasmania.
• It is the Parole Board’s belief that a period of supervision after release from prison may be more beneficial to all concerned than having the Applicant serve the full term without the opportunity of assistance from a Probation officer over the next 20 months

• Paroled 13/08/07 – 18/04/09