Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Mervyn William Mitchell

9 May 2008

Reason for Decision

On 26 May 2004 the Applicant appeared in the Supreme Court of Tasmania and pleaded guilty to the following crimes :

• Thirty-seven (37) counts of cheating;
• Seven (7) counts of dishonestly acquiring a financial advantage;
• Six (6) counts of stealing.

In relation to the above crimes the Applicant was sentenced to a period of imprisonment of five (5) years and it was ordered that he not be eligible to be considered for parole until serving three (3) years of that sentence. The sentence of imprisonment was ordered to commence on 19 May 2004 which was the date that the Applicant was first taken into custody.

At the same appearance the Applicant entered pleas of guilty to the following further crimes :

• Forty-three (43) counts of fraudulently inducing a person to engage in a related act;
• Seventeen (17) counts of fraudulently inducing a person to deal in financial products.

In relation to the above crimes the Applicant was sentenced to a period of two (2) years imprisonment and it was ordered that he not be eligible to be considered for parole until serving one (1) year of that sentence.

In relation to all of the crimes which the Applicant was sentenced, he was sentenced to a total period of imprisonment of seven (7) years and it was ordered that he not be eligible to be considered for parole until serving four (4) years of that sentence.

The Applicant is eligible to be released on parole on 18 May 2008.

The Board has been advised by the Victims Assistance Unit that no victims are registered in relation to the crimes committed by the Applicant and as such the statutory criteria in that regard have been met.

The Board has been provided with the Comments on Passing Sentence made by Justice Underwood (as he then was). The Comments on Passing Sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.

In relation to the Applicant’s personal circumstances the Board notes the following comments made by His Honour :

“Addiction to gambling was your motivation for the commission of these crimes. The same addiction led to excessive consumption of alcohol, and the loss of your family. You have, as your counsel said, been left with nothing. You are shameful. You have been ostracised by society. You made a promising start in life and made good progress in your chosen employment. Until about 1992 your gambling was only recreational, but it gradually got worse and worse until it became a total addiction. In common with so many others who have committed similar crimes, you deluded yourself that the next gamble would result in a win that would enable you to repay the money that you had taken.

You are now 49 and without prior conviction, but because of the enormity of your crimes, that has relatively little weight in the sentencing process. It is to your credit that after detection you underwent extensive counselling for your addiction and the prognosis with respect to that and the alcohol abuse appears to be good. You have made it clear that you accept full responsibility for your criminal conduct and have pleaded guilty”.

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 in account the following matters when assessing the Applicant’s application for parole :

a. A comprehensive pre-parole report prepared by the Applicant’s probation officer.

b. The Applicant’s prison record which can be described as exemplary.

c. The Applicant’s prior convictions, which prior to the commission of these offences related to minor traffic matters.

d. A reference which has been provided by a Custodial Officer to the Board.

As outlined by Justice Underwood when sentencing the Applicant, the Applicant’s motivation for committing these crimes was his addiction to gambling. As His Honour pointed out the Applicant has undergone counselling for his gambling addiction and the Board has been advised that his addiction is now under control.

Prior to the commission of these offences the Applicant led a blameless life and was a productive member of the community. Whilst incarcerated the Applicant has made use of his time in prison and has completed further tertiary studies.

The Applicant is confident of obtaining employment upon his release from prison.

The Applicant will have stable accommodation upon his release from prison.

The Board has been advised that the Applicant has held a number of positions of trust whilst in the prison and has worked outside the prison.

The Board has been advised that the Applicant has been assessed at being at a low risk of re-offending.

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

Paroled 20/05/2008 – 18/05/2011