WFE
Parole Board Decision
In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by WFE
28 September 2007
Reason for Decision
On 4May 2006 the Applicant was convicted of one count of maintaining a sexual relationship with a young person contrary to Section 125A of the Criminal Code. The Applicant was sentenced to 3 years imprisonment commencing on 13 April 2006. It was ordered that he not be eligible to be considered for parole until serving 18 months of that sentence.
As such the Applicant became eligible to be released on parole on 13October 2007.
The Board has been provided with the comments on passing sentence made by Justice Evans when sentencing the Applicant. The comments on passing sentence fully outline the factual circumstances surrounding the crime committed by the Applicant.
In relation to the Applicant’s personal circumstances His Honour made the following comments:
“You are nearing 61 years of age and are retired. You were in regular employment throughout your working life. You have no relevant prior convictions. The exposure of your criminal conduct has had a devastating effect on your life. Incarceration will be difficult for you. On the information available to me I am satisfied on the balance of probabilities that you do not pose a risk of committing a reportable offence in the future so I will not make an order requiring your registration pursuant to the Community Protection (Offender) Reporting Act 2005.
In sentencing you I recognise that at the time of your criminal conduct, although you were about twice the complainant’s age, the disparity between your respective ages was not as great as is often the case in relation to offences of this type. You were near enough to the complainant in age to be attractive to her and what occurred is in part explained by that attraction.”
In relation to the effect that this offence has had upon the victim of the Applicant’s crime His Honour made the following comment:
“Since at least some time subsequent to late 1987, when the corroboration requirement that had feted the prosecution of sexual offenders was removed from the Criminal Code, you would have become increasingly concerned about being prosecuted for your conduct. The stress of this threat hanging over you pales towards insignificance when compared with the destructive impact of your conduct on the complainant. As is all too common in cases such as this, a Victim Impact Statement details the lasting effect your conduct has had on her life including her self esteem and her capacity to trust, form relationships and be physically intimate.”
The Board has been provided with a Victim Impact Statement prepared by the victim of the Applicant’s crime. The Board has also been provided with a report prepared by the victim’s psychologist. The Board has taken the Victim Impact Statement and the Psychologist’s Report into account when assessing the Applicant’s application for parole.
The victim of the Applicant’s crime has requested specific conditions in relation to the Applicant’s parole. The Board is of the view that the conditions sought by the victim are reasonable and such conditions 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. A comprehensive pre-parole report prepared by his probation officer.
2. The Applicant’s prison record, which can be described as exemplary.
3. An absence of relevant prior convictions. (The Board notes that the Applicant’s only prior conviction relates to a traffic infringement notice).
4. A number of references tendered in support of the Applicant’s application for parole.
5. Confirmation that the Applicant has completed the Parole Awareness Course.
6. A report prepared by the facilitators of the Sexual Offenders Treatment Programme.
The report prepared by the Sexual Offenders Treatment Programme advised the Board that the Applicant was ineligible to participate in that programme. The Applicant was assessed by the facilitators of that programme and was identified as being in the low range for re-offending.
The Applicant has held a number of responsible positions whilst incarcerated.
The Board notes that the Applicant has undergone periods of conditional release pursuant to Section 42 of the Corrections Act 1997. Such periods of conditional release have occurred without incident.
The Board notes that the Applicant is retired and will reside with his wife upon his release from prison.
The Board notes that the crime committed by the Applicant occurred in excess of 30 years ago. Since committing this crime, the Applicant has led blame less life and has committed no further offences.
The Board is of the view that the risk the Applicant poses to the community is minimal and the prospects of him re-offending are low.
The Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole.