Parole Board Decision

In the matter of the Corrections Act 1997
- and –
In the matter of an Application for Parole by Jamie Leigh Smith

17 July 2009

REASON FOR DECISION
On 15 November 1994 the Applicant was sentenced to imprisonment for the term of his natural life for the murder of a 17 year old youth.  At that time the imposition of a sentence of life imprisonment was mandatory.  The murder was committed on 2 April 1994 and the Applicant was taken into custody on 6 April 1994.

The Applicant applied to be re-sentenced pursuant to the Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994. 

On 24 April 1998 the Applicant was re-sentenced by Chief Justice Cox.  Chief Justice Cox re-sentenced the Applicant to imprisonment for the term of his natural life.  His Honour ordered that the Applicant was not to be eligible to be considered for parole in respect of that sentence before the expiration of fifteen (15) years from 6 April 1994.  That was the date that the Applicant was first taken into custody.

As such the Applicant has been eligible to be considered for parole since 6 April 2009.

The Board has been provided with the Comments made by Chief Justice Cox when re-sentencing the Applicant.  The Comments made by Chief Justice Cox fully outline the factual circumstances surrounding the crime committed by the Applicant.  In relation to the issue of parole the Board notes the following comments made by His Honour :
“I am at a loss to understand how a youth of 18, even if his sensibilities were blunted by alcohol and/or drugs, could deliberately take the life of another a few months younger than himself for so paltry a reason as that advanced by him.  Such irrationality immediately raises concerns for others in the community who might cross him upon his release.  In my opinion the protection of society requires that if such an offender is released on parole, it should be a conditional release revokable for the rest of his life should he not observe the conditions of his parole”.

The Applicant is acutely aware of the comments made by Chief Justice Cox when re-sentencing him.  The Applicant is aware that unlike a number of other persons sentenced for murder, he does not have a finite sentence of imprisonment.  The Applicant is aware that he will be on parole for the rest of his life. The Applicant is aware that any breach of his parole conditions could result in him being returned to prison to serve the balance of his sentence of life imprisonment.

The Board has been advised by the Victims Assistance Unit that two victims are registered in relation to the crime committed by the Applicant.  The victims of the Applicant’s crime were notified of the Applicant’s eligibility for parole on 4 March 2009. 

The Board has received advice from the Victims Assistance Unit that neither victim has provided a Victim Impact Statement for the Board’s consideration. 

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 into account the following matters :

(a) The comments made by Chief Justice Cox when re-sentencing the Applicant.

(b) Documentation provided by the Office of the Director of Public Prosecutions which contained the following :
 i. the indictment;
 ii. the record of interview between the Applicant and officers of Tasmania Police;
 iii. witness statements.

(c) A comprehensive pre-parole report prepared by the Applicant’s probation officer.

(d) A Prison Episode Summary Report prepared by Custodial Officers.

(e) The Applicant’s prior convictions.

(f) The Applicant’s prison record which can be described as satisfactory.

(g) The fact that the Applicant has undertaken the following courses whilst in prison :
 i. the Parole Awareness Course;
 ii. Making Choices Program;
 iii. A Positive Change Program;
 iv. Men’s Health Program.

(h) The fact that the Applicant has undertaken the following educational courses whilst in prison :
 i. Metal Fabrication and Engineering Traineeship;
 ii. Basic Computer courses;
 iii. Mathematics;
 iv. Front End Loader;
 v. Wheel Tractor Safety;
 vi. Forklift and Chainsaw;
 vii. Creative Writing.
 viii. Certificate II in Hospitality Operations.

(i) A pre-sentence report which provides details as to the Applicant’s childhood and adolescence.
(j) A report prepared by a psychologist dated 31 December 1993.

(k) A Report prepared by Dr O’Donnell, Consultant Forensic and Clinical Psychologist dated 9 June 2009.

(l) A number of references provided by the Applicant in support of his application for parole.

(m) A report from Australian Red Cross regarding the Applicant’s participation in a peer support program for prisoners at Risdon Prison.

The Board has been provided with significant documentation which provided information as to the Applicant’s childhood and adolescence.  At the time that this crime was committed the Applicant was living a transient lifestyle and had substance abuse issues.  Whilst in prison the Applicant has sought counselling for his substance abuse issues.  The Applicant has indicated that he will continue to obtain counselling for substance abuse issues upon his release from prison.  It will be a specific condition attaching to the Applicant’s parole that he continues to undergo counselling for his substance abuse issues.

The Board will also make it a specific condition of the Applicant’s parole that he undergoes Anger Management Counselling.

At the time the Applicant was imprisoned, he was illiterate.  Since being in prison the Applicant has been taught to read and has participated in a significant number of educational courses which should assist the Applicant in obtaining employment in the future.

The Board has been advised that the Applicant will have stable accommodation upon his release from prison. The Applicant will enjoy support of Officers of the Salvation Army who will assist him in maintaining his accommodation and will also provide counselling to him.  The Applicant will also enjoy the support of his extended family.

The Board notes that the Applicant has undergone a number of conditional releases pursuant to Section 42 of the Corrections Act 1997.  Each such period of conditional release has occurred without incident.

It is the view of the Board that the Applicant has made suitable arrangements for ongoing counselling and has appropriate support structures in place upon his release from prison. 

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

Parole From 29/7/09  for life.