Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Michael Sydney LEGG

14 September 2007

Reason for Decision

On 5 of July 2006 the Applicant appeared in the Burnie Supreme Court and was convicted of the following crimes:

1. aggravated burglary contrary to s.245 of the Criminal Code,
2. assault contrary to s.184 of the Criminal Code.

The Applicant was sentenced to a period of imprisonment of 2 and half years. It was ordered that the Applicant not be eligible to be considered for parole until serving 15 months of that sentence.

The Applicant’s sentence of imprisonment was to commence on 30 June 2006, which was the date that he was first taken into custody. As such the Applicant is eligible to be released on parole on 29 September 2007.

The Board has been provided with the comments on passing sentence made by Chief Justice Underwood when sentencing the Applicant. The comments on passing sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.

The Board has been advised that a victim is registered in relation to the crimes committed by the Applicant. The victim has chosen not to provide a victim impact statement to the Board.

The Board however has had that advantage of reading the victim impact statements which were tendered at the Applicant’s sentencing hearing. The Board has taken into account the victim impact statement prepared by the victim of the Applicant’s crime.

In particular the Board has taken into account that the victim of the Applicant’s crime continues to have psychologically issues as a result of the assault and in particular the Board notes that the victim continues to suffer from the physical injuries he received in the assault.

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.  a comprehensive pre-parole report prepared by his probation officer,

2.  the Applicant’s prior convictions - the Board notes that the Applicant’s prior convictions relate to traffic matters; he has no prior convictions for crimes of violence,

3.  the Applicant’s prison record which can be described as exemplary.

The Applicant is a qualified electrical mechanic and has a strong possibility of employment upon his release from prison.

The Applicant is in a de facto relationship and has one child. The Applicant will enjoy the support of his partner upon his release from prison.

The Applicant’s partner is presently in full time employment and will remain in full time employment upon the Applicant’s release from prison.

The Applicant is remorseful for his role in these crimes. The Applicant acknowledged that he should not have become involved in this assault and that he should have ignored the requests of his co-offenders to assist them.

The Applicant is disappointed with himself and expressed to the Board that he has let his partner and his young child down. As a result of his crime the Applicant missed the birth of their son.

The Applicant has completed the parole awareness course and is fully aware of his obligations should he be granted a period of parole.

The Applicant has a stable and supportive environment in which he can return to upon his release from prison.

The Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole.

Paroled 02/10/07 – 29/12/08