Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Paul Victor MARSHALL

28 September 2007

Reason for Decision

On 12May 2006 the Applicant was convicted of the following offences:

(a) 5 counts of breach of bail

(b) 1 count of contravene condition of a notice

(c) 1 count of failing to appear

In relation to those offences the Applicant was sentenced to a period of imprisonment of 28 days.

On 30June 2006 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences:

(a) 3 counts of burglary

(b) 13 counts of stealing

(c) 7 counts of aggravated burglary

(d) 1 count of motor vehicle stealing

(e) 1 count of common assault

In relation to those offences the Applicant was sentenced to a period of imprisonment of 2 years and it was ordered that he not be eligible to be considered for parole until serving 16 months of that sentence.

On 20October 2006 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences:

(a) aggravated burglary

(b) stealing

In relation to those offences the Applicant was sentenced to a period of imprisonment of 1 month.

On 9March 2007 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences:

(a) aggravated burglary

(b) stealing

In relation to those offences the Applicant was sentenced to a period of imprisonment of one month.

In relation to all of the offences committed by the Applicant the Applicant was sentenced to a period of imprisonment of 25 months and he was not eligible to be considered for parole until serving 17 months of the sentences imposed upon him.

As such the Applicant became eligible to be released on parole on 19 September 2007.

The Board notes that the Applicant’s earliest release date from prison is 18February 2008.

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

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

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.

3. The applicant’s prison record.

4. Confirmation that the applicant has completed the Parole Awareness Course.

The Applicant has a significant number of prior convictions. The Applicant indicated to the Board that the majority of his prior convictions were committed whilst under the influence of illicit substances.

The Applicant indicated to the Board that he commenced the use of illicit drugs at the age of 13 and has continuously used them since.

It is clear to the Board that the Applicant has serious substance abuse issues. The Applicant was, interviewed by the Board on 24August 2007.

The Board as then constituted was of the view that the Applicant required assistance in relation to his drug addiction. The Board enquired of the Applicant whether or not he would be prepared to undergo assessment for the Salvation Army Bridge Programme.

The Applicant indicated to the Board that he was prepared to undergo such assessment.

The Board has received correspondence from Mr B James of the Salvation Army Excel Prison Support Service indicating that the Applicant could be assessed for the Bridge Programme. Unfortunately for the Applicant to be assessed for the programme he must be released.

The Board is of the view that the Applicant requires assistance with his drug addiction. The Board intends making orders allowing for the Applicant to be released on parole.

It will be a specific order of the Applicant’s Parole Conditions that he attend and be assessed for participation in the Bridge Programme. If the Applicant is accepted as suitable to participate in the Bridge Programme then it will be a specific condition of his parole that he undergo that programme.

The Board has also made specific orders that the Applicant attend for counselling in relation to his drug addiction.

In all of the circumstances the Board is of the view that the Applicant should be afforded the privilege of parole. In the Applicant’s case specific conditions will be made in relation to his release on parole to ensure that he complies with and obtains assistance for his drug addiction.

The Board made it clear to the Applicant that should he fail to participate in any drug treatment programme recommended to him then his parole would be revoked.

Paroled 02/10/07 – 18/05/08