Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Cindy Romana OLIVER

10 August 2007

Reason for Decision

On 23 February 2006 in the Supreme Court of Tasmania held at Burnie the Applicant was convicted of the following crimes:

a) Aggravated burglary contrary to section 245(a)(iii) of the Criminal Code.

b) Unlawfully injuring property contrary to section 273 of the Criminal Code.

c) Aggravated burglary contrary to section 245(a)(iii) off the Criminal Code.

d) Arson contrary to section 268 of the Criminal Code.

e) Unlawfully injuring property contrary to section 273 of the Criminal Code.

In relation to the above crimes the Applicant was sentenced to a term of imprisonment of three years. It was ordered that she not be eligible to be considered for parole until serving 18 months of that sentence.

As such the Applicant is eligible to be released on parole on 22 August 2007.

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

In relation to the Applicant’s personal circumstances his Honour made the following comments:

“The other thing is that you had very good reason to be angry with your former partner. Whatever the rights and wrongs of the squabbles that you were having over the children’s arrangements, you had very good reason to be angry with him for fathering a child by another woman when he was living with you. But that is not a justification for causing the sort of damage that you did. It certainly is not a justification for damaging his land lady’s house. Because you have got a young baby, I’m going to impose the shortest possible non-parole period.”

The Board has received advice from the Victims Assistance Unit that a victim is registered in relation to the crimes committed by the Applicant. The Board has been provided with a comprehensive victim impact statement prepared by the Applicant’s former partner. The Board has carefully considered the statement made by him. He has requested specific conditions attach to the applicant’s parole. The conditions sought are reasonable and will form part of the Applicant’s parole order.

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 her probation officer.

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

3. The Applicant’s prior convictions.

4. A number of TAFE certificates obtained by the Applicant.

5. A hand written submission presented by the Applicant to the Board.

6. The fact that the Applicant has completed the Parole Awareness Course.

The Applicant has made use of the time she has spent in prison. The Applicant has undergone a number of courses through TAFE and has successfully completed those courses.

The Applicant has successfully completed the Parole Awareness Course and is aware of her obligations whilst on parole.

The Applicant has been, described by custodial officers as a model prisoner.

The Applicant has undergone a number of conditional releases from prison pursuant to section 42 of the Corrections Act (1997). Such periods of conditional release have occurred without incident.

The Applicant will reside with her father upon her release from prison along with her youngest child.

The Applicant has maintained contact with her two eldest children whilst incarcerated. The Applicant’s two eldest children reside with her former partner. It is the Applicant’s intention to seek regular contact with her elder children upon her release from prison.

The Applicant indicated to the Board that she committed these crimes as a result of difficulty she was encountering with her former partner. That relationship has terminated and the Applicant has indicated to the Board that the prospects of her re-offending in a similar manner are non existent. The Board accepts that assertion.

The Applicant has undergone an anger management course whilst in prison.

Taking all matters into consideration the Board is of the view that the Applicant should be granted parole.

In the opinion of the Board the Applicant meets the statutory criteria to be granted a period of parole.

Paroled 28/08/07 – 22/02/09