Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Clay Xavier Savage

9 May 2008

Reason for Decision

On 14 June 2007 the Applicant appeared in the Supreme Court of Tasmania and was convicted of one (1) count of committing an unlawful act intended to cause bodily harm contrary to Section 170 of the Criminal Code.

In relation to the above crime the Applicant was sentenced to a term of imprisonment of two (2) years and it was ordered that he not be eligible to be considered for parole until serving twelve (12) months of that sentence.

It was ordered that the Applicant’s sentence was to commence on 28 April 2007 which was the date that the Applicant was first taken into custody.

As such the Applicant was eligible to be considered for parole on 27 April 2008.

The Board has been provided with the Comments on Passing Sentence made by Justice Slicer when sentencing the Applicant.

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

“He has previously been to prison. The Court accepts that he has had a troubled upbringing and suffers from alcohol abuse. His own upbringing has been marred by the violent example of his father. It is said here that his irrational conduct was a product of misuse of alcohol and amphetamines. It is said that he has no previous experience with amphetamine and no prior knowledge of its likely affect”.

The Comments on Passing Sentence fully outline the factual circumstances surrounding the crime committed by the Applicant.

The Board has been advised by the Victims Assistance Unit that a victim is registered with the Unit, but chose not to provide a Victim Impact Statement to the Board.

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 the following matters into account 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 satisfactory.

c. The Applicant’s prior convictions.

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

e. The fact that the Applicant has undertaken the following courses whilst in prison :

(i) an alcohol and drug program called “Getting Smart”:

(ii) the Preparing for Change program;

(iii) a First Aid Course;

(iv) a number of educational units through open learning.

The Board has been provided with reports prepared by the facilitators of the “Getting Smart” and “Preparing for Change” programs.

The Applicant also compiled a written submission to the Board which provided an explanation to the Board in relation to the Applicant’s conduct and also his future ambitions, should he be granted the privilege of parole.

The Board has been advised that the Applicant has employment as an Apprentice Painter.

A number of Custodial Officers have written references in support of the Applicant’s application for parole.

The Applicant has held a number of positions of trust whilst incarcerated and has worked outside the prison environment.

The Board intends making it a specific condition of the Applicant’s parole that he continue to undergo counselling for his inappropriate use of alcohol and illicit drugs.

Given that the Applicant will have stable accommodation and employment upon his release from prison the Board is of the view that the Applicant’s reintegration into the wider community will best be served by granting him a period of parole.

Taking all matters into consideration the Board is of the view that the Applicant should be granted parole.

Paroled 20/05/2008 – 27/04/2009