Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Jason Dale Downie

10 September 2010

Reasons for Decision

On the 26th of February 2010 the Applicant appeared in the Supreme Court of Tasmania and was convicted of one count of assault contrary to Section 184 of the Criminal Code.

In relation to that crime the Applicant was sentenced to a period of imprisonment of 12 months.  It was ordered that that sentence of imprisonment was to commence on the 8th of December 2009 which was the date that the Applicant was first taken into custody.  In relation to parole it was ordered that the Applicant not be considered for parole until serving 8 months of that sentence.

As such the Applicant became eligible to be considered for parole on the 7th of August 2010.  The Board notes that the Applicant’s earliest release date from prison is the 7th of October 2010.

The Board has been advised by the Victims Assistance Unit that no victim is registered in relation to the crime committed by the Applicant and as such the statutory criteria in that regard has been met.

The Board has been provided with the Comments on Passing Sentence made by Chief Justice Crawford when sentencing the Applicant.  The Comments on Passing Sentence fully outline the factual circumstances surrounding the crime committed by the Applicant and also provides some insight into the Applicant’s personal circumstances existing as at the date of sentence.

When considering the Applicant’s application for parole, the Board has taken into account the statutory criteria that it s required to do so pursuant to the Corrections Act 1997.

In particular the Board has taken into account the following factors:

a) A comprehensive pre parole report prepared by the Applicant’s probation officer;

b) The Prison Episode Summary Report prepared by officers of the Department of Justice;

c) The Applicant’s prison record which can be described as satisfactory;

d) The Applicant’s prior convictions;

e) A written submission prepared by the Applicant in support of his application for parole.

The Board notes that the Applicant has had prior issues with the inappropriate use of alcohol.  The Applicant has undergone some counselling for his inappropriate use of alcohol whilst imprisoned and he has also made arrangements to continue with counselling in relation to his inappropriate use of alcohol after his release from prison.  It will be a specific condition of the Applicant’s parole that he continue to undergo counselling for his inappropriate use of alcohol.

The Board has been advised that the Applicant will have appropriate accommodation upon his release from prison and there are some prospects of the Applicant obtaining employment.

The Board notes the Applicant’s earliest release date from prison is the 7th of October 2010.  During the Applicant’s interview with the Board, the Applicant expressed to the Board that he was of the view that he would benefit from a period of parole rather than completing his sentence and being released back into the community without any appropriate support structures in place and without supervision.  The Applicant believes that he would benefit from being on parole and having the support of a probation officer with appropriate parole conditions attaching to his release.

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 from 15 September 2010 - 15 September 2011