Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Damien William HARRIS

8 June 2007

Reason for Decision

On 2 August 2002 the Applicant was sentenced to a period of imprisonment of five years in the Perth District Court in relation to one count of robbery with aggravation. It was ordered that he not be eligible to be considered for parole until serving one quarter of that sentence of imprisonment.

On 20 August 2002 the Applicant appeared in the Perth Court of Petty Sessions and was convicted of the following offences :

(a) burglary,

(b) motor vehicle stealing,

(c) breach of a community release order.

In relation to the above offences the Applicant was sentenced to a period of imprisonment of twelve months to be served cumulative to the period of imprisonment imposed upon him in relation to the crime of robbery with aggravation. It was ordered that the Applicant not be eligible to be considered for parole until serving one quarter of that sentence.

As such the Applicant became eligible to be considered for parole on 2 May 2004.

On 27 August 2004 the Applicant was released on parole. The applicant’s period of parole was from 7 September 2004 until 1 August 2008.

On 11 February 2005 the Applicant appeared before the Board. The Applicant’s parole was revoked as a result of the Board receiving information that he had been charged with the following crimes :

1. aggravated burglary,

2. stealing.

The Applicant appeared in relation to the above crimes in the Hobart Court of Petty Sessions on 15 April 2004 and he was sentenced to a period of imprisonment of three months.

On 22 July 2005 the Applicant appeared before the Board and made a further application for parole. The Applicant’s application for parole was successful and he was released on parole on 2 August 2005 and it was ordered that he remain on parole until 4 October 2008.

On 24 April 2006 the Applicant appeared before the Board again. The Applicant appeared before the Board as a result of the Board receiving information that he had failed a urine analysis test and had recorded a positive reading to prohibited substances. The Applicant’s parole was revoked on that date.

On 29 November 2006 the Applicant was found guilty on one count of robbery. He was sentenced to twelve months imprisonment to be served cumulatively on any sentence of imprisonment he was liable to serve. No order was made in relation to parole.

The Applicant has once again become eligible to be considered for parole.

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

The Board has been provided with documentation, which fully outlines the circumstances surrounding the crimes committed by the Applicant.

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 Parole Officer.

2. The Applicant’s prison record, which can be described as satisfactory.

3. The Applicant’s prior convictions.

4. An addendum to the pre-parole report prepared in relation to the Applicant.

The Board notes that the Applicant has stable accommodation upon his release from prison. At present the Applicant is presently classified as a minimum security prisoner and is undertaking work at the dairy at Hayes Prison Farm.

The Applicant indicated to the Board that he has enjoyed working at the dairy and has developed a number of skills as a result of his employment at the dairy. This submission made by the Applicant has been supported by reports prepared by custodial officers.

The Applicant indicated to the Board that he enjoyed farming and has made inquiries at TAFE regarding continuing agricultural studies. The Applicant has also indicated to the Board that he will obtain a provisional driver’s licence upon his release from prison, which will provide him with greater opportunities in relation to obtaining employment.

The Applicant is in a stable personal relationship. The Applicant’s partner has indicated that whilst she is prepared to continue her relationship with the Applicant, should he continue to re-offend the relationship will be terminated.

The Applicant indicated to the Board that he intended successfully completing a period of parole for the benefit of his family.

It is clear to the Board that the Applicant has substantially matured. The Applicant will also enjoy the support of his father upon his release from prison.

Given that the Applicant has a stable relationship and has some prospects of obtaining employment, the Board is of the view that he meets the statutory criteria to be granted parole.

Paroled 19/06/2007 – 24/06/2010