Parole Board Decision

In the matter of the Corrections Act 1997

And

In the matter of an application for parole by R J E

23^rd of August 2013

Reasons for Decision

The applicant appeared in the Supreme Court of Tasmania on 20 April 2012 was convicted of 2 counts of maintaining a sexual relationship with a young person under the age of 17 years. The applicant was sentenced to 3 years imprisonment commencing on 13 March 2012. The Court ordered the applicant not be eligible for parole until he had served 18 months of his sentence.

The applicant becomes eligible for parole on 12 September 2013.

The Board has been advised by the Victims Assistance Unit that there is a registered victim in relation to the applicant’s crimes.

In considering the applicant’s application for parole the Board has taken into account the statutory criteria as required pursuant to the provisions of the Corrections Act 1997. In particular, the Board has been provided with and had regard to the following material:

1. A comprehensive pre-parole report prepared by the applicant’s probation officer;

2. A prison episode summary report prepared by the officers of the Department of Justice;

3. The applicant’s record of prior convictions;

4. Information provided to the board by the victims assistance unit;

5. Documents provided to the board by the director of public prosecutions;

6. A copy of a report prepared by the facilitators of The New Directions (sex offenders treatment) program with respect to the applicant’s participation therein.

The applicant committed his crimes against his step granddaughter and one of her friends. The applicant’s first victim’s was sexually abused over a period of three and half years from the age of 10. His second victim was sexually abused over a period of three years commencing at age 12. The applicant continued to engage in the offending behaviour for a period of 4 ½ years. The applicant’s conduct was both opportunistic and a gross breach of trust. His conduct commenced with touching over clothing worn by the children progressing to touching under their clothing.  With respect to his second victim the applicant’s criminal conduct extended to digital penetration on one occasion. The applicant was approximately 45 years older than his victims.

 The Board notes her Honour Justice Wood’s in her comments on passing sentence stated that the applicant’s “conduct has had a destructive impact on his victims and their relationships with others. The second complainant describes feelings of confusion and betrayal. The second complainant[s] mother is very worried about the psychological impact on her daughter. Her mother has been diagnosed with a major anxiety disorder and depression. She has post-traumatic stress disorder brought on by finding out about the abuse of her daughter.”

The applicant was 65 years age when sentenced. He has no prior convictions. His offending has resulted in estrangement from his wife and family. He has been ostracised by friends and members of his community. The applicant suffers from serious health issues including heart disease and diabetes.

The applicant’s conduct while incarcerated has been exemplary. He is classified as a minimum security prisoner. The applicant has participated in section 42 leave for reintegration purposes. All such leave occurred without incident.

To address his offending behaviour the applicant has completed the New Directions program. The program’s facilitators have prepared a comprehensive Exit report advising that the applicant’s participation in the program was to a high level. The applicant was able to independently identify his risk factors for reoffending and identify strategies for addressing those factors.  On interview by the Board the applicant was able to articulate risks associated with the potential loss of family support and agreed with the facilitators that he would benefit from connecting with professionals in the community on release from prison.

Using the Static 99 assessment tool the facilitators assessed the applicant as being in the low risk category of sexual reoffending. The Board notes that the applicant was assessed by consultant psychologist Dr O’Donnell prior to the applicant’s incarceration as a moderate risk of sexual reoffending unless he received specific sex offender treatment.

The applicant has displayed proper remorse for his crimes and empathy for his victims. In addition to the immeasurable effect of his conduct on his victims, the impact of his offending has had devastating personal consequences for the applicant and his family.

Taking all relevant matters into account and subject to appropriate conditions with respect to the applicant’s access to and contact with children and any victim conditions together with appropriate future treatment/counselling the Board is satisfied that the applicant meets the statutory criteria to be granted a period of parole.

Paroled From 12 September 2013 - 12 March 2015