Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by KWN

25 January 2008

Reason for Decision

On 9 September 2005 the applicant appeared in the Supreme Court of Tasmania and was convicted of one count of maintaining a sexual relationship with a young person under the age of 17 years contrary to section 125A of the Criminal Code.

The applicant was sentenced to a term of imprisonment of 3½ years to commence on 5 September 2005, which was the date the applicant was first taken into custody. It was ordered that the applicant not be eligible to be considered for parole until serving two years of that sentence. As such, the applicant became eligible to be considered for parole on 4 September 2007. The Board has been provided with the comments on passing sentence made by Chief Justice Underwood when sentencing the applicant. The comments on passing sentence fully outline the factual circumstances surrounding the crime committed by the applicant.

The Board has been, advised by the Victims Assistance Unit that no victim is registered in relation to the crime committed by the applicant. The Board however has had the opportunity of reading the comments on passing sentence made by Justice Underwood when sentencing the applicant. The comments on passing sentence provide significant detail as to the effect that the applicant’s crime had upon his victim.

The advice by the Victims Assistance Unit that no victim is registered in relation to the crime committed by the applicant satisfied the statutory criteria in that regard.

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. a report prepared by Dr Ian Sale which was tendered at the applicant’s sentencing hearing,

4. the fact that the applicant has completed the parole awareness course.

Given the nature of the crime committed by the applicant, he was eligible to be assessed as to whether or not he would be suitable to participate in the sex offender’s treatment programme.

The applicant was assessed for inclusion in that programme on 27 January 2006. That assessment indicated that the applicant was at a low risk of re-offending and as such the applicant was ineligible to participate in the programme.

As a result of the crime committed by the applicant he no longer has contact with any of his immediate or extended family.

The applicant first appeared before the Board on 24 August 2007. On that date the applicant did not have appropriate accommodation.

The applicant’s application was adjourned until 14 December 2007 to allow the applicant to seek appropriate accommodation.

The applicant appeared before the Board on 14 December 2007 and his matter was further adjourned until 25 January 2008.

The applicant has secured temporary accommodation at Bethlehem House. The applicant will be provided with support with a view to finding him independent accommodation.

The applicant’s release from prison will be on the basis that he will reappear before the Board once his temporary accommodation with Bethlehem House comes to an end. The applicant has been advised that if he has not obtained independent accommodation by that date the Board will give consideration to revoking his parole.

The applicant has been assessed by his probation officer as being at a low risk of re-offending.

In all the circumstances, the Board is of the view that the applicant meets the statutory criteria to be granted parole. As indicated earlier in the reason for decision, the applicant’s parole will be contingent upon him obtaining appropriate independent accommodation.

Paroled 19/02/08 – 04/03/09