MCHB
Parole Board Decision
In the matter of the Corrections Act 1997
and
In the matter of an Application for Parole by MCHB
23 May 2008
Reason for Decision
On the 4th December 2006 the Applicant was convicted of two counts of Maintaining a sexual relationship with a young person contrary to Section 125A(2) of the Criminal Code.
The Applicant was sentenced to a term of imprisonment of two and a half years. It was ordered that the Applicant not be eligible to be considered for parole until serving fifteen months of that sentence.
As such the Applicant became eligible to be considered for parole on the 28th February 2008.The Board notes that the Applicant’s earliest release date from prison is the 28th of February 2009.
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 surrounding the crimes committed by the Applicant.
The Board has been provided with the victim impact statements, prepared by the victim’s of the Applicant’s crimes, which were tendered at the sentencing hearing. The Board has also been provided with up to date information from the Victims Assistance Unit which outlines the impact the Applicant’s crime has had upon his victims and their extended family. The Board has carefully considered this information and notes that the Applicant’s conduct still impacts upon his victim’s daily lives.
The Board notes and concurs with the following comments made by Justice Crawford when sentencing the Applicant:
“They have been sorely affected psychologically….
It is a typical case, the determination of the sentence depending on the level of his offending and the effect on his victims. He is totally to blame for what happened. The girls are not to blame at all”
The victims of the Applicant’s crimes have requested specific conditions attach to the Applicant’s
Parole which will prevent him from having contact with them. In accordance with their request specific conditions will attach to the Applicant’s parole which will prevent him from having contact with them.
The Board will also make conditions which will prevent the Applicant being in the presence of persons under 16 years of age unless in the company of an adult, such person being approved of by his probation officer.
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.
In particular the Board has taken into account the following matters:
(a) The comprehensive pre parole report prepared by his probation officer
(b) His prison record
( c) The fact that he has completed a number of educational courses
(d) The fact he has participated in the “Preparing for Change and Getting Smart” courses
(e) The fact he has completed the parole awareness course
(f) A number of references provided to the Board in support of the Applicant’s application for parole.
(I) The Applicants prior convictions
Given the nature of the crimes committed by the Applicant he was eligible to be assessed for participation in the sexual offender’s treatment program.
The Board has received a report from the facilitators of that program who have advised the Board that the prospects of the Applicant re-offending are low and as such he was ineligible to participate in the program.
The Applicant will have employment upon his release from prison. He has stable accommodation and will enjoy the support of family members.
The Board is of the view that the applicant’s reintegration into the wider community will best be achieved by the applicant being under the supervision of his probation officer with appropriate conditions attaching to his release.
Paroled 10/06/2008 – 31/05/2009