Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Barry James Lyons

25 July 2008

Reason for Decision

On the 26^th October 2007 in the Supreme Court of Tasmania at Launceston the Applicant was convicted of committing an unlawful act intended to cause bodily harm. He was further convicted in the Magistrates Court at Launceston on the 6^th March 2008 of possessing an unregistered firearm, possessing a firearm when not the holder of a firearm licence of the appropriate category, possessing a loaded firearm in public when not the holder of a firearm licence and 2 counts of using controlled plants or its products.

The Applicant was sentenced to a total sentence for these offences of 2 years and 9 months imprisonment with a non-parole period of 15 months.

The Applicant becomes eligible to be released on parole on the 10^th August, 2008.

In considering the application for parole the Board has taken into account the statutory criteria which it is required to do pursuant to the Corrections Act 1997.

The Board has further considered the following information when assessing the Applicant’s application for parole:

1. Comments made by Justice Evans when passing sentence. The Applicant’s formidable record of prior offences involving violence was referred to with comments on the Applicant’s post traumatic stress disorder. It was noted that for a five year period prior to the latest offence the defendant had not been convicted of any such crimes. For about a year the Applicant had attended fortnightly counselling appointments meticulously being highly motivated in addressing his problems. The impetuous nature of the present crime was noted as was his remorse.

2. The Board notes the Applicant has taken positive steps whilst in prison, regularly engaging with the Forensic Mental Health Service seeking treatment for his trauma symptoms. He also requested that he continue treatment, if released, to ensure he copes within the community. He expressed to the Board remorse for his behaviour, accepting full responsibility for his crimes, there being no justification or excuse for them.

3. The Board notes the Applicant is keen to gain employment on release.

4.  The Board notes that the Applicant has suitable accommodation and the support of his family.

5. The Board has considered the comprehensive pre-parole report prepared by his probation officer dated 24th June 2008.

Taking all matters into account, the Board is of the view that the Applicant now meets the statutory criteria to be granted parole and that his reintegration into the wider community will best be served by the Applicant being granted a period of parole. There will be conditions that he continue counselling as directed by his Probation Officer. For the duration of his period of parole the Applicant must also refrain from the excessive use of alcohol and not enter licensed premises.

Paroled 11/08/2008– 10/11/2009