Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Gary Leonard Lewis

10 June 2011

Reasons for Decision

On the 14th February 1995 in the Supreme Court at Mount Gambier, South Australia the Applicant was convicted of murder receiving a life sentence with a non parole period of 20 years.  On the 31st May 1996 the Full Court, in South Australia, upheld the life sentence but the non parole period was reduced to 17 years.  Following a transfer to Tasmania in November 2009 the Applicant becomes eligible for release on parole on the 23rd June 2011.

The Board has been provided with advice from the Victim’s Assistance Unit that there is a victim registered.  The Victim’s Impact Statement has been received by the Board and considered carefully.  The Board acknowledges the ongoing suffering of family members as a result of the crime committed by the Applicant.

The Board has been provided with documentation which outlines the offence and notes comments made the sentencing judge, Justice Mohr, at first instance.  The Board has also considered other material prepared for the court in South Australia and for the Application for a transfer to Tasmania. The records supplied whilst imprisoned in South Australia indicate the Applicant’s behaviour has been good.  He has completed available courses during his incarceration in that state in an attempt to rehabilitate himself.

In considering this application for parole the Board has taken into account the statutory criteria which it is required to do pursuant to the Corrections Act 1997.

In particular the Board has considered the following information when assessing the application:-

1. The Board has considered the Applicant’s own statements that he is disgusted by what he did.  He feels great remorse and cannot justify his actions.  Whilst in prison in South Australia he completed an Anger Management program and a Victim’s Awareness course.  He joined a peer support group and also completed a commercial cooking course.  He states he is not an aggressive person by nature but completed the Anger Management course in an attempt to come to terms with his actions.

2. The Prison Episode Summary completed in May 2011 has been considered.  This is the Applicant’s first prison sentence in Tasmania and no internal offences have been reported.  The Applicant has been working in the community for approximately a year since his transfer to Tasmania.  He has excellent work reports and his work ethic is described as extremely good. He has no relevant prior convictions in Tasmania or South Australia.

3. The Applicant has completed several Section 42 releases which have all proceeded without incident.  He has been a model prisoner from all accounts.

4. The comprehensive Pre Parole report dated 8th June 2011 has been considered.  The Applicant has the support of family members. He has satisfactory accommodation and is likely to obtain employment with a family member as a cook.  He is now 66 years of age and will receive the old age pension otherwise.

Taking all matters into account it is the Board’s belief that the Applicant will be better rehabilitated outside the prison system and should be released on parole.  He is to abstain from the excessive consumption of intoxicating liquor.   A non molestation clause in relation to the victim will be included in his orders.  The Board seeks to receive a report of the Applicant’s progress in rehabilitation after a three month period.

Paroled from 23 June 2011 – Life