Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Richard Andrew DUGGAN

3 August 2007

Reason for Decision

The Applicant was convicted of one count of murder and was sentenced for that crime on 4 October 1999. The Applicant was sentenced to a term of imprisonment of 16 years. It was ordered that that term of imprisonment date from 20 June 1999. The sentencing judge, Chief Justice Cox, made no order as to parole eligibility and as such the Applicant became eligible to be considered for parole on 19 June 2007.

The factual circumstances surrounding the crime committed by the Applicant are set out in the comments on passing sentence, made by Chief Justice Cox, when sentencing him. The Board has also been provided with documentation from the Office of the Director of Public Prosecutions regarding the factual circumstances surrounding the crime committed by the Applicant.

The Board notes that Chief Justice Cox made the following comments when sentencing the Applicant :

“Richard Andrew Duggan, you have been found guilty of the serious crime of murder. I am satisfied that you did not wish to cause the death of the deceased but that you did cause his death by an unlawful act which you either knew, or in the circumstances, ought to have known was likely to cause death.

Clearly you acted at a time when you were frightened by the approach of the deceased, whom you did not know, and whose reactions you could not confidently predict. You acted in circumstances where you may have thought that you had the right to take his life but the jury has been satisfied, and satisfied beyond reasonable doubt, that your response in the circumstances was excessive and unreasonable, and thereby caused the death of a young man.

I note that you have no previous relevant convictions. I note also that the Crown has put to me that this is the kind of circumstance in which it can fairly be said that the murder is at the lower end of the scale.

I sentence you to 16 years imprisonment with effect from 20 June 1999. I make no order as to parole eligibility.”

The Board has carefully considered the comments on passing sentence made by Chief Justice Cox along with the documentation, which has been provided to it by the Office of the Director of Public Prosecutions.

The Board has been provided with a statement from the father of the deceased. That victim impact statement was written in measured terms. It clearly and concisely outlines the impact that the Applicant’s crime has had upon the deceased’s father. The Board has carefully considered that document and notes the impact that the Applicant’s crime has had upon the deceased’s father.

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 into account the following matters when assessing the Applicant’s application for parole:

(a) The Applicant’s prior convictions,

(b) The Applicant’s prison record which can be described as exemplary,

(c) a number of references submitted to the Board in support of the Applicant’s application for parole,

(d) a number of certificates evidencing that the Applicant has participated in a number of courses whilst in prison,

(e) The Applicant’s prison file,

(f) a number of reports prepared by officers of the Corrective Services Division,

(g) a comprehensive pre-parole report prepared by his probation officer,

(h) The fact that the Applicant has successfully completed the parole awareness course.

The Applicant can be described as a model prisoner. He has held a number of positions of trust during the time that he has been in prison.

The Applicant is presently housed at Hayes Prison Farm. He initially worked in the dairy but in the last two years has worked as a shepherd.

Whilst at Hayes Prison Farm the Applicant has continued to participate in educational courses.

The Applicant has undergone a number of releases from prison pursuant to section 42 of the Corrections Act. Such conditional releases have occurred without incident.

The Applicant has strong prospects of obtaining employment upon his release from prison. He has stable accommodation, which has been approved by his probation officer.

The Applicant has been interviewed by the Board on a number of occasions in relation to his application for parole.

The Board is of the view that the Applicant has a clear understanding of his obligations to the community whilst on parole and his continued rehabilitation will best be served by granting him parole.

The Board is of the view that the Applicant meets the statutory criteria for him to be granted parole. Subject to appropriate conditions being placed upon his parole, the Board is of the view that he should be afforded the privilege of parole.

Paroled 14/08/2007 – 19/06/2015