Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Anne Maree KIBBEY

9 November 2007

Reason for Decision

On 10 March 2000 the Applicant was convicted of one count of murder contrary to Section 158 of the Criminal Code. The Applicant was sentenced to a term of imprisonment of 16 years. It was ordered that that term of imprisonment date from 28 August 1999. The sentencing judge, Justice Crawford made no order as to parole eligibility and as such the Applicant became eligible to be considered for parole on 28 August 2007.

The factual circumstances surrounding the crime committed by the Applicant are set out in the comments on passing sentence made by Justice Crawford when sentencing the Applicant. 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 Justice Crawford made the following comments when sentencing the Applicant:

“I do not find that you intended to cause Miss Fluke’s death or that, in your rage, you really thought about killing her. I conclude that the jury found you guilty of murder because it was satisfied that your act of stabbing her was an unlawful assault and that you ought to have known that it was likely to cause death.

I have no doubt that you knew that you had inflicted a serious wound and that you knew that you had wounded her more than once but did nothing to assist her subsequently. I found graphic the description of Sergent Rushton of your response when he returned to your unit to inform you that he had found Miss Fluke out the front. It showed that you were well aware that you had inflicted at least a grievous injury. Sadly, you have not displayed remorse for your killing of another human, who had every right to live as much as you. You have, of course, been terribly distressed by the situation your actions have put you in.

You are aged 32 years and lived the life of a good citizen until the events of that night. I have no doubt that you were a capable nurse, working in one of the most respected of professions noted for its care of those who suffer.

Far more serious cases of murder than yours come before the courts. Nevertheless, any murder is a grievous crime and one for which the offender must be substantially punished by a long term of imprisonment. In our society the sanctity of human life is a precious thing and courts will always condemn those who take it.”

The Board has carefully considered the comments on passing sentence made by Justice Crawford when sentencing the Applicant. The Board has also carefully considered the documentation, which was provided to it by the office of the Director of Public Prosecutions.

The Board has been provided with a number of statements prepared by family members of the deceased. In accordance with Section 72(4)(ka) of the Corrections Act 1997 the Board has carefully considered the statements provided to it.

Each and every statement provided to the Board by the family members of the deceased strongly objected to the Applicant being granted parole.

Specific requests have been made by these family members, as to parole conditions which will prevent the Applicant coming into contact with them. The Board is of the view that such requests are reasonable and specific conditions in the terms sought by the family members preventing contact with the Applicant will be made.

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 total absence of any relevant prior convictions (at the time this crime was committed by the Applicant she had been convicted of exceeding the speed limit on two occasions);

(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 her probation officer;

(h) the fact that the Applicant has successfully completed the Parole Awareness Course;

(i) a report prepared by Dr Ian Sale Psychiatrist dated 18 October 2007;

(j) a report prepared by Christine Wever dated 19 June 2007.

The Applicant appeared before the Board on the following dates in relation to her application for parole:

(a) 10 August 2007

(b) 28 September 2007

(c) 26 October 2007

The Applicant can be described as a model prisoner. Her prison record is exemplary. The Applicant has held a number of positions of trust during the time that she has been in prison.

The Applicant has undergone a number of conditional releases from prison pursuant to Section 42 of the Corrections Act 1997. Such conditional releases have occurred on a regular basis and have always occurred without incident.

The Applicant has obtained employment upon her release from prison.

The Applicant has appropriate accommodation to go to upon her release from prison.

The Applicant was, assessed by Dr Ian Sale. In his report dated 18 October 2007 Dr Sale opined as follows:

“There are no identifiable risk factors. There is no evidence of mental disorder, personality disorder or substance abuse. Other than the murder of Miss Fluke, Miss Kibbey’s life appears to have been without blemish.”

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

The Board has carefully considered the Applicant’s application for parole and the materials provided to it. The Board has carefully weighed the statements provided by the deceased’s family members and their objection to her being granted parole, however the wishes of the deceased family members is only one factor that the Board takes into account. On balance the Board is of the view that the Applicant meets the statutory criteria to be granted parole and it is appropriate that the Applicant be afforded the privilege of parole.

Paroled 27/11/2007 – 27/08/2015