Parole Board Decision

In the matter of the Corrections Act 1997

and

In the matter of an Application for Parole by Galvin Gordon Riley

14 March 2014

Reasons for Decision

The applicant makes application for parole.

The applicant is currently serving a custodial sentence of 18 years upon conviction for murder. He first became eligible for parole on 9 January 2014 and the earliest date upon which he could be released following the serving of his sentence is 3 October 2022.

The applicant was found guilty of murdering James Andrew Walley on 10 January 2005. It appears clearly at the time of offending the applicant was not only under the influence of alcohol but motivated by his alcohol dependency. Specifically the incident arose following an evening of drinking and consumption of cannabis and precipitated by a refusal of the deceased to allow the applicant to remove alcohol from the home.

At the time of sentencing it was noted that the applicant's record of offending was not significant. However, as outlined by his counsel, he had a significant history of alcohol abuse and dependency.

The applicant is of Aboriginal descent with strong familial and cultural ties to Flinders Island. Indeed it was his desire to, if paroled, reside with his sister on Flinders Island. That course, however, is found not to be suitable at this stage by the Board due to the difficulties associated with supervision were he to reside on the island.

In considering the application for parole regard has been had to the statutory criteria established by the Corrections Act 1997, together with the applicant's presentation before the Board of 14 March 2014 and the following documentary material:

The applicant's application;

• Comments on passing sentence;

• Prison summary;

• Record of prior convictions;

• Prison episode summaries;

• Email communications between the Secretary for the Parole Board and Rebecca Devine;

• Transcript of proceedings before the Parole Board of 20 December 2013;

• Home assessment report of 11 March 2014;

• Report of Damian Minehan dated 6 March 2014.

In his report of 6 March 2014 Mr Minehan note that he has undertaken an examination of the applicant. That assessment was undertaken at Risdon prison on 14 February 2014. Following assessment Mr Minehan concluded that the applicant does not have any form of mental illness, albeit he does display some features consistent with an antisocial personality disorder. He does refer to the significant alcohol dependency that has continued over many years together with a regular use of cannabis. Reference is made with respect to the prospect of a return to Flinders and Cape Barren islands.

Ultimately the report of Mr Minehan confirms the Board's impression that in order for successful release on parole this applicant needs to be closely monitored and supported in efforts to not again use/abuse alcohol and other illicit substances. Accordingly, any parole order ought to be directed towards the applicant continuing with alcohol and/or drug rehabilitation and counselling. In this regard it is noted that whilst serving his custodial sentence the applicant has completed the Gottawanna program.

It is noted that were the applicant to return to the abuse of alcohol he would pose some risk both to himself and to the community.

Currently, the applicant is classified as minimum (open). He has engaged in numerous section 42 releases without incident. He has engaged in no disciplinary offending in the last 12 months.

On balance, this applicant would benefit from supervision and support as he reintegrates into the community and addresses his past entrenched drug and alcohol issues. If he remains on that path he poses little risk to the community and can work toward a return at some point to Flinders Island.

Parole is accordingly approved subject to conditions addressing his alcohol and drug issues including abstinence from the same, inability to be present on licensed premises and direction to continue addressing alcohol and drug dependency.

Paroled from 27 March 2014 - 9 January 2023.