Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Dwayne John Gardner

26 April 2013

Reasons for Decision

The Applicant appeared in the Supreme Court of Tasmania on the 2 November 2012 and was convicted of one count of wounding.  The Applicant was sentenced to twelve months imprisonment commencing on the 2 November 2012.  The Court imposed a non Parole period of six months.

The Applicant becomes eligible for Parole on the 1 May 2013.

The Board has been advised by the Victims Assistance Unit that there are no registered victims with respect to the Applicant’s crimes.

In considering the Applicant’s Application for Parole the Board has taken into account the statutory criteria required pursuant to the provisions of the Corrections Act 1997.  In particular the Board has had regard to the to the following material.

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 Record of Prior Convictions.

4. Documents provided to the Board by the Director of Public Prosecutions with respect to the Applicant’s crimes.

5. Documents received from the Victims Assistance Unit.

The Applicant committed his crime in circumstances where whilst intoxicated he confronted his victim with a machete blade believing he had caused injury to the Applicant’s Partner, resulting in a deep wound to his victims hand.

The Board notes that the Applicant has a number of priors with respect to violent offending from 1998 until early 2006.  The Applicant has no relevant prior convictions since April 2006 until the date he committed this crime.

The Applicant’s conduct whilst incarcerated has been exemplary.  He is classified as a Minimum Security Prisoner.  He has been employed in various capacities whilst incarcerated.  The Applicant has previously successfully completed Probation Orders imposed by the Court.

Upon release the Applicant will have full time employment, his former employer having left his position open for him.  He will have appropriate accommodation on release and has the benefit of a pro social stable family environment.  It is the Board’s view that the Applicant may benefit from drug and alcohol counselling and anger management counselling.  Attendance for such counselling at the direction of the Applicant’s Parole Officer would be an appropriate Parole condition.

Taking all relevant matters into account the Board is satisfied that the Applicant meets the statutory criteria to be granted a period of Parole.

Paroled from 1 March 2013 - 1 November 2013