May, Alastair Neil
Parole Board Decision
In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by Alastair Neil MAY
25 January 2008
Reason for Decision
On 10 May 2007 the applicant appeared in the Supreme Court of Tasmania and pleaded guilty to the following crimes and offences:
(a) two counts of supplying a controlled drug to a child contrary to section 14 of the Misuse of Drugs Act,
(b) two counts of sexual intercourse with a young person under the age of 17 years contrary to section 124 of the Criminal Code,
(c) one count of living off the earnings of prostitution contrary to section 8 (1A) (b) of the Police Offences Act,
(d) one count of possessing a controlled plant or its product contrary to section 25 of the Misuse of Drugs Act,
(e) one count of using a controlled plant or its product contrary to section 25 of the Misuse of Drugs Act,
(f) one count of possess thing used for administration of controlled drug contrary to section 23 of the Misuse of Drugs Act.
In relation to the above matters, the applicant was sentenced to a term of imprisonment of 18 months and it was ordered that he not be eligible to be considered for parole until serving nine months of that sentence.
As such the applicant was eligible to be released on parole on 7 February 2008.
The Board has been provided with the comments on passing sentence made by Justice Crawford when sentencing the applicant. The comments on passing sentence fully outline the factual circumstances regarding the crimes and offences committed by the applicant.
In relation to the applicant’s personal circumstances His Honour made the following comments:
“He is now 26 years of age. He committed aggravated burglary and stealing in 2004 but there is nothing else that is significant on his record. He comes from a good background. The blight of his life has been his use of and an addiction to narcotics. He may well have brought about permanent brain dysfunction. He has the support of his parents and drug counsellors and other professionals. He is to be pitied but his offences must be suitably condemned and punished.”
The Board has been advised that a victim is registered in relation to the crimes committed by the applicant. The Board has been provided with a victim impact statement prepared by the victim of the applicant’s crime. The Board has taken that statement into account. The victim 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 will make conditions preventing the applicant from having any contact with the victim of his crimes.
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) a 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.
Given the nature of the crimes committed by the applicant he was eligible to be assessed as to his suitability to participate in the sex offender programme. The Board has received a report from the facilitators of that programme indicating that he was not a suitable candidate to take part in that programme.
As outlined in the comments on passing sentence made by Justice Crawford when sentencing the applicant, the applicant has had a long-term addiction to illicit substances.
Whilst incarcerated the applicant has sought treatment for his drug use. The applicant has completed the programmes offered by the prison and has also undergone counselling on a weekly basis.
The applicant’s parents continue to support him notwithstanding the crimes committed by him.
It is the applicant’s intention upon his release from prison to continue his counselling and such counselling has been arranged through the Salvation Army.
The Board will make specific conditions as to the applicant continuing to undergo counselling upon his release from prison.
Given that the applicant will continue to have the support of his parents and it is his intention to continue with his alcohol and drug counselling, the Board is of the view that the applicant’s rehabilitation and reintegration into the community will best be served by granting him a period of parole.