Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Daniel Francis Murphy

11 April 2008

Reason for Decision

On 2 July 1996 the applicant appeared in the Supreme Court of Tasmania and pleaded guilty to one (1) count of Murder contrary to Section 158 of the Criminal Code.

The applicant was sentenced to a term of imprisonment of twenty-four (24) years to date from 16 December 1995 which is the date that the applicant was first taken into custody. No specific order was made in relation to the applicant’s eligibility for parole and as such the applicant became eligible to be considered for parole after serving twelve (12) years of the sentence of imprisonment imposed upon him. As such the applicant became eligible to be considered for parole on 15 December 2007.

The Board has been provided with the Comments on Passing Sentence made by the late Justice Zeeman when sentencing the applicant. The Comments on Passing Sentence fully outline the factual circumstances surrounding the crime committed by the applicant.

The Board has been provided with a number of Victim Impact Statements made by relatives of the deceased. The Board has carefully considered the Victim Impact Statements which have been provided to it. The victims of the applicant’s crime have requested that specific orders be made by the Board to prevent the applicant coming into contact with them and extended family members. The Board is of the view that the requests made by the victims of the applicant’s crime are reasonable and specific conditions will attach to the applicant’s parole which will prevent him having contact with the victims of his crime.

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 applicant was interviewed by the Board on a number of occasions.

The Board has taken into account the following matters when assessing the applicant’s application for parole :

1. A number of comprehensive pre-parole reports prepared by the applicant’s Probation Officer.

2. The applicant’s prison record which can be described as satisfactory.

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

4. A comprehensive written submission prepared by the applicant.

5. The applicant’s prison file.

6. The applicant’s prior convictions.

The applicant has made use of his time in prison and has completed the following courses :

1. The Parole Awareness Course.

2. Alternative to Violence Project.

3. Introduction to Sociology and Psychology through open learning.

4. A Safe Relationship Sex and Drugs Program.

5. Personal Development Program.

6. Parenting Program.

7. Certificate II in Engineering Production.

8. Certificate II in Engineering Production Technology.

9. Certificate III in Engineering Mechanical Trade.

10. Certificate III in Engineering Fabrication Trade.

11. Certificate II in Process Plant Operations.

Given the nature of the applicant’s crime and the circumstances surrounding the crime committed by the applicant, the Board was of the view that it was appropriate to have him reviewed by Dr Ian Sale. Dr Sale opined that there was no mental health issues in relation to the applicant which would suggest he would be a danger to the public if released on parole.

Whilst incarcerated the applicant has remarried and the Board has been advised that his present marriage is a stable one. The applicant will have stable accommodation with his wife upon his release from prison and will have the support of his wife in assisting him to reintegrate into the wider community.

The applicant is presently employed on a full time basis as an apprentice Fabricator. It is anticipated the applicant will qualify as a Fabricator in approximately twelve (12) months time.

At present the applicant has been granted the privilege of day release to attend at his place of employment. The applicant has also undergone a number of conditional releases pursuant to Section 42 of the Corrections Act 1997 and each such period of conditional release has occurred without incident.

The applicant is highly regarded by his employer and a number of references have been provided to the Board by his employer.

The Board is of the view that the applicant meets the relevant statutory criteria and should be granted the privilege of parole.

Paroled 29/04/2008 - 15/12/2019