Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Daniel Scott WISNIEWSKI

25 January 2008

Reason for Decision

On 6 October 2006 the applicant appeared in the Hobart Supreme Court and entered a plea of guilty to one count of trafficking in a controlled substance contrary to section 12 of the Misuse of Drugs Act 2001. The applicant was sentenced to a period of imprisonment of four years to commence on 1 February 2006, that being the date the applicant was first taken into custody. It was ordered that the applicant not be eligible to be considered for parole until serving three years of that sentence.

The applicant filed an appeal against the sentence imposed upon him by the Chief Justice. On 23 April 2007 the Court of Criminal Appeal ordered that the sentence of imprisonment of four years be upheld, but ordered that the applicant be eligible to be considered for parole after serving two years of the sentence of imprisonment.

The Board has been provided with the comments on passing sentence made by the Chief Justice when sentencing the applicant on 6 October 2006. The Board has also been provided with the reasons for judgment handed down by the Court of Criminal Appeal.

The reasons for judgment fully outline the factual circumstances surrounding the crime committed by the applicant.

The Board has received advice from the Victims Assistance Unit that no victims are registered in relation to the crime 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. the comprehensive pre-parole report prepared by his probate officer,

2. the applicant’s prior convictions,

3. the applicant’s prison record which can be described as exemplary,

4. a number of references provided to the Board by custodial officers.

The applicant is a qualified chef. The applicant has employment upon his release from prison.

The applicant has undergone a number of conditional releases from prison pursuant to section 42 of the Corrections Act 1997. Such periods of conditional release have occurred without incident.

The applicant indicated to the Board that he committed the crime for which he was sentenced to imprisonment to support his own drug habit. The applicant has sought counselling for his previous problem with drugs.

The applicant will have the support of his extended family upon his release from prison. The applicant is presently in a stable relationship.

The applicant’s parole officer was of the view that there did not appear to be any impediments to the applicant successfully completing a period of parole and noted that he was highly motivated to do so.

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

Paroled 05/02/08 – 31/01/10