Parole Board Decision

IN THE MATTER of the Corrections Act 1997

- and –

IN THE MATTER of an Application for Parole by P J L

30 January 2009

REASON FOR DECISION

On 29 September 2004 the Applicant was convicted of the following crimes:-

(a) One count of Maintaining a Sexual Relationship contrary to s125 A of the Criminal Code.

(b) Three counts of Aggravated Sexual Assault contrary to s127 A of the Criminal Code.

In relation to the above crimes the Applicant was sentenced to a period of imprisonment of seven years and six months. It was ordered that that sentence of imprisonment was to commence on 12 August 2004 which was the date that the Applicant was first taken into custody.

In relation to parole it was ordered that the Applicant not be eligible to be considered for parole until serving four years and six months of the sentence of imprisonment.

As such the Applicant is eligible to be released on parole on 11 February 2009.

The Board notes that the Applicants earliest release date from prison is 11 November 2011.

The Board has been provided with the Comments on Passing Sentence made by Justice Blow when sentencing the Applicant. The Comments on Passing Sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.

The Board has received advice from the Victims Assistance Unit that two victims are registered in relation to the crimes committed by the Applicant. The Victims Assistance Unit attempted to make contact with the victims of the Applicant’s crimes. The Victims Assistance Unit was unable to make contact with the victims of the Applicant’s crimes. As such no Victim Impact Statement has been provided to the Board and the statutory criteria in that regard has been met.

Given the nature of the crimes committed by the Applicant the Board will make orders preventing the Applicant being found in the presence of children under the age of 16 years without appropriate supervision.

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 the following matters into account when assessing the Applicant’s application for parole :

a. The comprehensive pre-parole report prepared by his probation officer.

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

c. The Applicant’s prior convictions.

d. A Prison Episode Summary prepared by officers of the Department of Justice.

Given the nature of the crimes committed by the Applicant he was eligible to be assessed for participation in the Sex Offenders Program. The Applicant was ineligible to be considered for that program.

The Board has been advised that the Applicant has undergone a number of periods of conditional release pursuant to s42 of the Corrections Act 1997. Each such period of conditional release has occurred without incident.

The Applicant has been accepted into the Parolee Transitional Accommodation Program and will have secure accommodation upon his release from prison.

The Board has been advised that the Applicant has strong prospects of obtaining employment.

The Board is of the view that the Applicants reintegration into the wider community will best be served by the Applicant being under the supervision of a probation officer for a period of time.

The Board is of the view that the Applicant meets the statutory criteria to be granted a period parole.

Paroled 16/2/09 – 11/2/2012