Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Geoffrey Robert Franklin

24 February 2012

Reasons for Decision

The Applicant appeared in the Supreme Court of Tasmania on the 18th September 2011 and was convicted on two counts of aggravated assault and destroy property which were committed on the 3rd April 2011.  The Applicant was sentenced to eighteen months imprisonment commencing on the 4th April 2011.  The Court imposed a non Parole period of nine months.

The Applicant became eligible for Parole on the 3rd January 2012.

The Board has been advised by the Victims Assistance Unit that there are no registered victims with respect to the Applicant’s crime although the Board does note that the Applicant is subject to a Restraint Order in favour of his victims.

The Applicant has a long history of drug and alcohol abuse.  In addition the Applicant appears to have experienced extensive and significant mental health issues having been diagnosed as suffering from border line personality disorder.

When the Applicant committed his crimes he was under the influence of cannabis.   He had exhausted his prescribed supply of antidepressant medication and had recently lost his employment.  What commenced as a dispute with family members escalated to conduct involving threats of violence, substantial property damage and ultimately culminating in a standoff with Police including threatening Police with an axe and knife in the Applicant’s possession.

In considering the Applicant’s Application for Parole the Board has taken into account the statutory criteria pursuant to the Corrections Act 1997.  The Board has been provided with and has had regard to the following:

1. The contents of a Comprehensive pre Parole Report prepared by the Applicant’s Probation Officer.

2. The contents of the Prison Episode Summary prepared by the Officers of the Department of Justice.

3. The Applicant’s Prison Record.

4. The Applicant’s Record of Prior Convictions.

5. Reports and information provided to the Board with respect to the Applicant’s involvement with and as a recipient of psychological and therapeutic services within the Prison.

6. Information received from the Victims Assistance Unit.

7. Papers provided to the Board by the Director of Public Prosecutions relating to the applicant’s crimes.

This is the Applicant’s first Prison sentence.  His current security classification is medium.  Whilst incarcerated the Applicant has not undertaken any programs to assist him with his drug and alcohol issues.  It appears those programs may not have been available to him.  The Board does note that the Applicant has engaged regularly with the Prison Psychological Service and has reported to have engaged well with Therapeutic Services.

The Applicant’s pre Parole Report refers to significant and long term mental health issues.  The Applicant has been seen by a number of mental health professionals during and prior to his incarceration.

The Applicant’s condition involves a variety of symptoms which when left unmanaged appear to impact upon his ability to manage his anger. The Applicant has also had many episodes of self harm whilst incarcerated resulting in the Applicant’s relocation to the Mersey Unit.

The Prison Psychologist has reported that the Applicant’s mental state has improved.  It has been reported to the Applicant’s Probation Officer that “a lot of things would have to go wrong before the Applicant was a risk to others”.  I note in that respect the Board has been advised that the Prison Psychologist has devised a safety plan with the Applicant for use when he is released into the community.

The Board is of the view that the Applicant will require significant ongoing assistance with his mental health issues on release.  In addition counselling to address his drug and alcohol issues is imperative particularly given the likely impact drug and alcohol would have on his mental health.  To his credit the Applicant recognises his risk of using drugs on release and that he requires assistance in that regard.

The Applicant has secured accommodation with the Stay Program, a Program that provides specialist intensive tenancy supports for a period of two years.  The support provided includes support relating to health matters and drug and alcohol issues.

The Board is of the view that it is likely that the Applicant would be better able to receive the assistance he requires both with respect to management of his mental health issues as well as his drug and alcohol problems outside the Prison system. The Board notes in that respect that the Applicant on release will be subject to a Probation Order for two years including a special condition that he must submit to such medical, psychological or psychiatric testing, assessment or treatment as required by his Probation Officer.

Taking all relevant matters into consideration the Board is satisfied that the Applicant meets the statutory criteria to be granted a period of Parole but that Parole Order is subject to:

(i). appropriate referrals being in place with respect to the Applicant’s attendance with mental health professionals prior to the Applicant’s release;

(ii). a requirement that the Applicant attend for treatment with respect to his mental health problems; and

(iii). that the Applicant attend drug and alcohol counselling as directed by his Probation Officer.

Conditions with respect to the Applicant abstaining from the consumption of alcohol and drugs will also be imposed.

Paroled from 5 March 2012 - 3 October 2012