Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Peter Michael Montgomery

9 May 2008

Reason for Decision

On 27 February 2007 the Applicant appeared in the Supreme Court of Tasmania and pleaded guilty to two (2) counts of trafficking in a controlled substance contrary to Section 12(1) of the Misuse of Drugs Act.

In relation to the above crimes the Applicant was sentenced to a term of imprisonment of three (3) years and six (6) months imprisonment to date from 21 February 2007. One (1) year of that sentence was suspended on condition that the Applicant commit no crime or offence involving illegal drugs for a period of three (3) years after his release from Prison. It was ordered that the Applicant not be eligible to be considered for parole until serving fifteen (15) months of the sentence of imprisonment.

As such the Applicant is eligible to be released from Prison on parole on the 20 May 2008.

The Board has been provided with the Comments on Passing Sentence made by Justice Blow when sentencing the Applicant. The Comments on Passing Sentence fully outline the factual circumstances surrounding the crime committed by the Applicant and also deal with the Applicant’s personal circumstances existing at the time the sentence was imposed upon him.

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

In considering the Applicant’s application for parole the Board has taken into account the relevant 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 :

a. The comprehensive pre-parole report prepared by his probation officer.

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

c. A number of references provided to the Board in support of the Applicant’s application for parole.

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

The Applicant has undertaken a number of educational courses whilst in Prison. The Board has been advised that the Applicant has undergone a number of conditional releases from Prison pursuant to Section 42 of the Corrections Act 1997. Each such period of conditional release has occurred without incident.

The Applicant prepared a written submission which he tendered to the Board at his parole hearing. That written submission outlined in detail the Applicant’s plans for the future should he be granted parole.

The Applicant provided the Board with a letter from his mother’s general practitioner.

The Applicant’s mother is in ill-health and it is the Applicant’s intention to care for his mother upon his release from Prison.

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

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

Paroled 20/05/2008 – 20/08/2009