Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Adrian Gregory PEPPER

22 February 2008

Reason for Decision

On the 30 April 2007 the Applicant appeared in the Supreme Court of Tasmania.

On 30 April 2007 the Applicant entered a plea of guilty to 1 count of unlawfully setting fire to vegetation contrary to Section 268A(1) of the Criminal Code.

The Applicant was sentenced to a period of imprisonment of 21 months to commence on 26 April 2007, which was the date that the Applicant was first taken into custody. It was ordered that the Applicant not be eligible to be considered for parole until serving half of that sentence.

The Applicant is eligible to be released from prison on parole on 12 March 2008.

The Applicant’s earliest release date from prison is 25 October 2008.

The Board has been provided with the comments on passing sentence made by Justice Blow when sentencing the Applicant.

The Board notes the following comments made by His Honour :

“Mr Pepper is 22 years old. He has not been to prison before, but he has some significant prior convictions. In 2005 he was convicted of reckless driving, given a wholly suspended sentence of 12 months imprisonment, and ordered to perform 84 hours community service. His sentence was suspended on condition that he be of good behaviour for 3 years. That period had not expired when he committed this crime. Another community service order was imposed this February as a result of him damaging a window at an indoor cricket club last September. He seems to be reasonably industrious. He has been operating a successful 1 man business as a painter and decorator.

On the morning in question, he was very drunk. He had been drinking heavily through the night. He and his companion had been drinking around a camp fire on some land that he owns at Colebrook. He discovered that somebody and moved and damaged his utility. He became very angry, and decided to take revenge against those he believed responsible by starting fires and burning them out. He was found by the Police that afternoon. After some initial reluctance, he made detailed and frank admissions about what he had done. He very much regrets what he has done. He has moderated his drinking. He has pleaded guilty at an early opportunity. There is a strong chance that he will not be able to keep his land at Colebrook since imprisonment will prevent him from making loan payments in respect of it”.

The Board takes into account the comments on passing sentence made by Justice Blow when sentencing the Applicant.

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

In assessing 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 considering the Applicant’s application for parole the Board has taken into account the following matters:

1. A comprehensive pre-parole report prepared by his Probation Office.

2. The Applicant’s prior convictions.

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

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

As the Applicant is a qualified painter and decorator, he has been involved in maintenance at the Risdon Prison complex and at Hayes Prison Farm.

The Applicant has also undertaken a First Aid Course whilst incarcerated.

Upon his release from prison the Applicant will return to full time employment in his own business. The Applicant will initially reside with his parents upon his release from prison and will have their support.

The Applicant committed the crime for which he is presently incarcerated as a result of consuming alcohol to excess. The Applicant has sought treatment regarding his inappropriate consumption of alcohol.

It is the intention of the Board to make specific conditions regarding the Applicant’s consumption of alcohol whilst on parole. The Board will also make it a condition of the Applicant’s parole that he continues to undergo counselling in relation to his inappropriate use of alcohol.

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

Paroled 12/03/08 – 25/01/09