Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by John Leslie WHITTAKER

24 August 2007

Reason for Decision

On 20 September 2005 the Applicant was convicted of one count of manufacturing a controlled drug for sale contrary to section 6(1) of the Misuse of Drugs Act (2001). In relation to that crime the Applicant was sentenced to a period of imprisonment of 3 years. It was ordered that he not be eligible to be considered for parole until serving 2 years of that sentence.

The Applicant is therefore eligible to be released on parole on 12 September 2007.

The Board has been provided with the comments on passing sentence made by Justice Tennant 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 her Honour made the following comments when sentencing the Applicant:

“You are 54 years old and have not worked for about five years. You are in receipt of Centrelink benefits. You have been in a relationship with a lady for the last 15 months. Your personal history has involved your spending long periods in institutions, being sexually abused in one of those, living on the streets and a pattern of offending of different types since you were 13. You have been a user of marijuana for over 20 years and became involved in hard drugs about three years ago. You were using at the time of this crime. On the 5^th of August 2004 you were convicted of supplying speed to another and a number of other offences. Your counsel says you spent 65 days in jail as a consequence although that is not apparent from your record. On release you went to the Bridge Program to address your addictions and have now not used drugs for about a year. You believe that the steps you have taken over the past 12 months and your family commitments are sufficient incentive for you to keep away from drugs.

Your offending history shows convictions for drug offences in 1984, 1988, 1995, 1996, 1997, 1998, 2000, 2004 and 2005. These all apparently are related to marijuana save some of the 2004 ones. Nevertheless they demonstrate a history of producing and using illegal substances. They also demonstrate that notwithstanding your protestations about staying away from drugs you were found in possession of cannabis in February this year. You have had the benefit of suspended sentences in the past and clearly they did not assist your rehabilitation.

While the steps you have taken over the last 12 months are commendable only time will tell whether they have been successful. The need for a deterrent sentence is not outweighed by those steps”.

The Board has carefully considered the comments on passing sentence made by her Honour.

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 prison record, which can be described as exemplary.

3. The Applicant’s prior convictions, which as noted by her Honour are extensive in relation to offences against the Poisons Act and the Misuse of Drugs Act.

4. A number of references tendered to the Board in support of the Applicant’s application for parole.

The Applicant was, interviewed by the Board at length on 24 August 2007. The Applicant was candid with the Board and indicated that he had been a user of cannabis and other illicit drugs for a period of approximately 20 years prior to his incarceration.

During his incarceration the Applicant has participated in a 10 week drug and alcohol program conducted by the Salvation Army. The facilitator of that program confirmed that the Applicant was an active participant in the program and was able to candidly identify his drug use as a problem.

The Applicant asserts that he has now been drug free for a period in excess of three years. The Applicant has been regularly tested whilst incarcerated and has returned negative tests to prohibited substances. There is some support for the submission by the Applicant that he has been drug free for a significant period of time.

The Applicant has held a number of trusted positions whilst incarcerated. He has worked at the Botanical Gardens and at the Cemetery.

The Applicant has previously held employment as a chief in various establishments throughout the state. The Board notes that the Applicant does not have any relevant qualifications, but notes that during his most recent period of incarceration he obtained certificates 1 and 2 in food processing.

The Applicant has already been offered a position at a Bakery upon his release from prison.

The Applicant’s relationship with his partner failed as a result of his incarceration. The Applicant indicated to the Board that this has been a constant reminder to him of the impact that his drug use has had upon his life.

The Board is of the view that should the Applicant continue to remain drug free the prospects of him re-offending are relatively low.

The Applicant accepts that he will need ongoing counselling in relation to his drug addiction and he has accepted that it is appropriate that the Board make specific conditions in relation to him participating in ongoing drug counselling.

The Board has directed that the Applicant be regularly tested for drug use by his probation officer.

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

Paroled 12/09/07 – 12/09/08