Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Craig Andrew PHILLIPS

10 August 2007

Reason for Decision

On 14 September 2006 the Applicant pleaded guilty to one count of armed robbery. The Applicant was sentenced to imprisonment for a period of two years to date from 19 July 2006 which was the date that the Applicant was first taken into custody. It was ordered that the Applicant not be eligible for parole until serving 12 months of the sentence of imprisonment.

As such the Applicant has been eligible to be considered for Parole since 18 July 2007. The Board has been provided with the comments on passing sentence made by Justice Crawford when sentencing the Applicant. In relation to the Applicant’s personal circumstances his Honour made the following comments:

“Craig Andrew Phillips pleaded guilty to an armed robbery he committed on 19 July. An alcoholic who had run out of money and felt in dire need of alcohol, he went to a Subway store at about 10pm. He threatened the two female employees with a broken bottle and made off with about $530.00 in cash. That his need for alcohol played a part can be seen from his repeated statement to them that he did not want to do it but had to.

Shortly after, he was arrested at a hotel as a result of being recognised from a description of the offender. He openly admitted what he had done and almost all of the cash was recovered.

He is 35 years old. He has been an alcoholic for many years and has committed many minor offences associated with alcohol. Significant in his record is an attempted armed robbery in 1996. On that occasion also he was in desperate need of alcohol and he attempted to rob a person in the street whilst armed with a knife. He was sentenced to six months imprisonment wholly suspended. In the course of sentencing him, he was warned that on any further occasion the court would be unlikely to pay much regard to his addiction and that if he continued to offend in that way he had to expect that the sentence appropriate for his offence would be imposed because the public interest demanded that people be protected from the commission of such crimes by the imposition of substantial punishment, both as a personal deterrent to the particular offender and as a general deterrent to others.

Sadly, that comment must apply today. However, his addiction is not completely disregarded and in fact he is to be pitied for it. He is not such a menace to society as many armed robbers are and indeed, testimonials as to his character present a picture of a worthwhile citizen when he is not affected by alcohol.

Craig Andrew Phillips you are convicted and sentenced to imprisonment for two years from 19 July 2006. Particularly in view of your obvious sound qualities in many regards it is appropriate to allow you parole at the earliest time permitted by law.”

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. The comprehensive pre-parole report prepared by his probation officer.

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

3. The Applicant’s prior convictions.

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

It is clear from the comments on passing sentence made by Justice Crawford when sentencing the Applicant that he has an addiction to alcohol. The Applicant has sought treatment in prison for his alcohol addiction. The Applicant is confident that he will remain alcohol free upon his release from prison.

The Board intends making specific conditions in relation to the Applicant seeking further assistance for his alcohol addiction. The Applicant has indicated that he will fully comply with any conditions made by the Board in relation to his attending counselling for his alcohol addiction.

Upon his release from his prison the Applicant will reside with his father. Prior to his incarceration the Applicant had employment and it is envisaged that he will once again obtain employment.

The Applicant expressed remorse to the Board for committing the crime that he did. He indicated to the Board that he was ashamed of his actions.

The Board is of the view that should the Applicant remain alcohol free and seek appropriate treatment for his addiction, then the prospect of him re-offending will be minimal.

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

Paroled 21/08/07 – 18/07/08