Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Barry William Braslin

11 April 2008

Reason for Decision

On 5 April 2007 the Applicant appeared in the Supreme Court of Tasmania and was convicted of one count of causing grievous bodily harm. The Applicant was sentenced to a period of three years imprisonment to commence on 20 June 2006. It was ordered that the Applicant not be eligible to be considered for parole until serving twenty-one months of that sentence.

As such, the Applicant became eligible to be considered for parole on 19 March 2008.

The Board has been provided with the comments on passing sentence made by Chief Justice Underwood when sentencing the Applicant and his co-accused.

In relation to the factual circumstances surrounding the crime committed by the Applicant the Board notes the following comments made by Chief Justice Underwood:

“I find that at this time the three accused formed a common purpose to assault the Complainant. Their purpose was put into effect shortly after the Complainant arrived at the house of a friend of his, Mr Triffett. As the Complainant stood on the front steps of Mr Triffett’s house. The accused rushed at him. So violent was the attack that I find the accused intended to cause the Complainant grievous bodily harm. The evidence does not permit a finding as to which of the accused struck which blows, but I find that all three are liable for the crime to which they have pleaded guilty upon this basis that it was a probable consequence of the prosecution of the unlawful common purpose to assault the Complainant. “

The Board has been provided with a comprehensive victim impact statement prepared by the victim of the Applicant’s crime.

The Board notes that as a result of this incident the victim of the applicant’s crime has been left with permanent injuries. The Applicant’s conduct has significantly impacted upon his victim’s life, and the Applicant’s victims will suffer from the consequences of the Applicant’s conduct for a significant period. The Board was also provided with a number of medical reports provided to it by the victim of the applicant’s crime. Those reports fully outline the impact the Applicant’s crime has had upon the victim both physically and psychologically.

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 the following matters into account when assessing the Applicant’s application for parole :

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

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

c. The Applicant’s prior convictions.

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

Whilst incarcerated the Applicant has made use of his time. The Applicant has obtained a forklift driving licence. The Applicant has also undertaken study towards a certificate two in metal fabrication. The Applicant  has sixty hours outstanding to complete that course.

The Applicant will have stable accommodation upon his release from prison. He will reside with his parents.

Prior to his incarceration the Applicant was in a de facto relationship and there is one child to that relationship. It is the Applicant’s intention to ultimately reside with his de facto partner once again, but in the short term it is his intention to reside with his parents.

The Applicant has prospects of employment upon his release from prison.

The Applicant is of aboriginal decent and will have the support of the wider aboriginal community upon his release from prison.

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.

Notwithstanding the seriousness of the crime committed by the Applicant and the lasting impact that it will have upon the victim of the Applicant’s crime, the Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole.

Paroled to 29/04/2008 – 19/06/2009