Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Nicole Maree MCGOWAN

22 February 2008

Reason for Decision

On 21 December 2006 the applicant appeared in the Supreme Court of Tasmania and was convicted of the following crimes:

(a) 2 counts of perverting the course of justice

(b) 2 counts of stealing

The Applicant was sentenced to a period of imprisonment of 7 months to commence on 26 September 2006. No order was made in relation to the Applicant being eligible to be considered for parole and as such she was ineligible to be considered for parole.

On 6 March 2007 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences:

(a) 29 counts of stealing

(b) 4 counts of failing to appear

(c) 4 counts of unlawful possession of property

(d) Receiving stolen property

(e) 24 counts of obtaining goods by false pretences

(f) 3 counts of being in possession of stolen property

(g) 1 count of forgery

(h) 1 count of uttering

(i) 3 counts of burglary

(j) Breach of bail

(k) Aggravated burglary

The Applicant was sentenced to 20 months imprisonment to be served cumulatively with the sentence of imprisonment imposed upon her on 21 December 2006. It was ordered that the Applicant not be eligible to be considered for parole until serving 16 months and 15 days of the sentence of imprisonment imposed upon her. It was ordered that the Applicant’s non-parole period commence on 26 September 2006.

On 6 March 2007 the Applicant appeared in the Hobart Magistrates Court and was convicted of 1 count of attempting to dishonestly acquire a financial advantage. The Applicant was sentenced to 1 month of imprisonment to be served concurrently with the previous sentences of imprisonment imposed upon her.

On 6 March 2007 the Applicant appeared in the Hobart Magistrates Court in relation to a Breach of a Suspended Sentence. The Court imposed a sentence of imprisonment of 6 months to be served cumulatively with all other sentences of imprisonment.

In relation to all matters the Applicant was sentenced to a total period of imprisonment of 24 months and it was ordered that she not be eligible to be considered for parole until serving 16 months and 15 days. The Applicant became eligible to be released on parole on 10 February 2008.

The Board has been provided with documentation, which fully outlines the factual circumstances surrounding the offences committed by the Applicant.

The Board has been provided with the comments on passing sentence made by Justice Tennant when sentencing the Applicant in relation to the 2 counts of perverting the course of justice and 2 counts of stealing. The comments on passing sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant and also provide significant detail as to the Applicant’s personal circumstances as at that date.

The Board has been advised by the Victims Assistance Unit, that no victims are registered in relation to the offences and crimes committed by the Applicant. 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 her Probation Officer.

2. The Applicants prison record, which can be described as satisfactory.

3. The Applicant’s prior convictions.

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

5. The fact that the Applicant has undergone a number of educational courses whilst incarcerated.

The Applicant will have stable accommodation upon her release from prison. It is the Applicant’s intention to reside with her parents upon her release from prison.

The Board has been advised that the Applicant had a troubled childhood, which led to her use of illicit substances.

The Applicant indicated that the majority of the offences committed by herself were committed with her then partner whilst under the influence of drugs and with a view to raising funds to purchase drugs. The Applicant has undertaken counselling for her drug use and has undergone one-on-one counselling with a representative of the Salvation Army. The Board has been provided with confirmation that the Applicant has undergone drug counselling.

The Board will make specific conditions regarding the Applicant continuing with her drug counselling.

The Applicant indicated that she was still in a relationship with her co-offender who is also currently serving a sentence of imprisonment. Her co-offender is due for release shortly.

When questioned regarding this relationship the Applicant was initially reluctant to accept that her continued association with her co-offender was unwise.

The Board intends making it a specific condition of the Applicant’s parole that she have no contact with her co-offender during her release on parole.

The Board notes that at the same time as being on parole, the Applicant will also be subject to a Probation Order made by Justice Tennent when sentencing the Applicant on 21 December 2006. It has been ordered by Justice Tennent that the Applicant undergo counselling in relation to her drug use.

In all of the circumstances the Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole.

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

Paroled 04/03/08 – 25/06/09