Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Phillip Charles PERCEY

22 February 2008

Reason for Decision

On 21 December 2006 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences :

(a) 2 counts of burglary

(b) 2 counts of stealing

(c) 2 counts of motor vehicle stealing

(d) Common assault

(e) Injurr property

(f) Contravene conditions of notice

The Applicant was sentenced to a period of imprisonment of 15 months to commence on 30 November 2006, 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 service 12 months of that sentence.

On 7 February 2007 the Applicant appeared in the Hobart Magistrates Court and was convicted on 1 count of escape. He was sentenced to 3 months imprisonment. That sentence of imprisonment was ordered to be served cumulatively to the sentence of imprisonment, which was imposed upon him on 21 December 2006.

On 8 March 2007 the Applicant appeared in the Hobart Magistrates Court and was convicted of the following offences :

(a) Stealing

(b) Motor vehicle stealing

(c) Possess housebreaking implement

The Applicant was sentenced to a period of imprisonment of 2 months. It was ordered that the sentence of imprisonment was to commence on 8 March 2007.

In relation to all of the offences committed by the Applicant he was sentenced to a total period of imprisonment of 18 months. He was required to serve 15 months of that sentence prior to becoming eligible to be considered for parole. The Applicant is eligible to be released from prison on parole on 29 February 2008.

The Board notes that the Applicant’s earliest release date from prison is 28 May 2008.

The Board has been provided with documentation, which fully outlines the circumstances surrounding the offences committed by the Applicant.

The Board has received advice from 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 has been met.

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.

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

1. A comprehensive pre-parole report prepared by his Probation Officer.
2. The Applicant’s prison record, which can be described as satisfactory.
3. The Applicant’s prior convictions.
4. The fact that the Applicant has completed the Getting Smart Program and the Preparing for Change Program.
5. The fact that the Applicant has completed the Parole Awareness Course.

The Applicant’s offending related to his association with persons he described as “undesirable” and his inappropriate use of alcohol and illicit substances.

The Board has been advised, by the Applicant’s Probation Officer that he had entered into a relationship shortly prior to being incarcerated. The Applicant’s Probation Officer is of the view that the Applicant’s present partner will provide a stable influence upon him.

It is the Applicant’s intention to reside with his partner.

The Applicant has sought treatment for his inappropriate use of alcohol and illicit substances. It is the Applicant’s intention to continue with treatment upon his release from prison.

The Board notes that the Applicant’s earliest release date from prison is 28 May 2008. If the Board refuses the Applicant’s present application for parole he would be ineligible to reapply for parole for a period of 3 months.

The Applicant’s ability to reapply for parole would coincide with his earliest release date from prison.

The Applicant indicated to the Board that he was of the view that he would gain assistance in reintegrating back into the wider community if he was under the supervision of a Probation Officer and had the ability to seek assistance from his Probation Officer.

The Board is of the view that the Applicant would benefit from a period of parole. The Board notes that if the Applicant’s present application for parole was refused he would be eligible to be released from prison on 28 March 2008. Such release would be unconditional.

The Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole and is of the view that the Applicants’ and the wider communities’ interests would best be served by the Applicant being granted a period of parole and consequently being under the supervision of a Probation Officer.

Paroled 04/03/08 – 28/08/08