Parole Board Decision

In the Matter of the Corrections Act 1997

and

In the matter of an application for Parole by Madison Stuart Ansell

Reasons for Decision

Offences and Conviction

Wounding, aggravated armed robberies, unlawfully setting fire to property, unlawfully injuring property, assaults, threatening a public officer and resisting a public officer

Parole Eligibility Date

25 May 2017

Registered Victims

Yes

Statutory Criteria

In determining the application, the Board has had regard to the following statutory criteria:-

Section 72(4) of the Corrections Act 1997 (the Act) provides:-.

(4)  In determining whether or not a prisoner should be released on parole, the Board is to take into consideration –

• The likelihood of the prisoner re-offending; and
• The protection of the public; and
• The rehabilitation of the prisoner; and
• Any remarks made by the court in passing sentence; and
• The likelihood of the prisoner complying with the conditions; and
• The circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment; and
• The behaviour of the prisoner while in prison and, if he or she has been in a secure mental health unit, while in that secure mental health unit; and
• The behaviour of the prisoner during any previous release on parole; and
• The behaviour of the prisoner while subject to any order of a court; and
• Any reports tendered to the Board on the social background of the prisoner, the medical, psychological or psychiatric condition of the prisoner or any other matter relating to the prisoner, including in the case of a prisoner who is or has been a forensic patient any report of the Chief Forensic Psychiatrist; and
• The probable circumstances of the prisoner after release from prison; and
• Any statement provided under subsection (2B) by a victim, or, if subsection (2AB) applies, the parent or guardian of the victim, of an offence for which the prisoner has been sentenced to imprisonment; and
• If the prisoner is a sex offender prisoner, any notice or assessment given to the Board pursuant to section 31(6) or (7) concerning the prisoner's participation or non-participation in appropriate treatment; and
• Any other matters that the Board thinks are relevant.

When considering the application for parole of a sex offender s31(3)(b) of the Act is also relevant:

• The Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that…
• Participation, non-participation or unsatisfactory participation will, if the prisoner becomes eligible for parole, be factors taken into consideration by the Board in determining whether the prisoner should be released on parole.”

The Background

The applicant is currently serving a sentence of imprisonment upon his convictions for wounding, aggravated armed robberies, unlawfully setting fire to property, unlawfully injuring property, assaults, threatening a public officer and resisting a public officer.

In addition he has also been the subject of a previous parole order, which was revoked in December 2013. This effectively added 4 years and 22 days to his sentence of imprisonment. That revocation related to a parole period that was granted on the 2 December 2009 and was to be completed on 25 December 2013. Parole was revoked on 26 February 2010.

The purpose of parole

The system of parole recognises the capacity of some prisoners for change and reform, the benefits of supervision, treatment and program delivery in the community and ultimately the potential this has for the protection of the community by reducing the risk of reoffending and supervising the reintegration of offenders.

When considering eligibility for parole this purpose must be weighed against the risk each prisoner may pose to members of the community if released to serve the remainder of their sentence amongst them and the ability to remove or mitigate that risk by the imposition of appropriate conditions.

The documents considered:

1. The application;
2. Comments on passing sentence;
3. DPP papers including victim impact statements;
4. Police facts;
5. Records of prior convictions in Queensland and Tasmania;
6. Prison episode summary report;
7. Internal course reports;
8. Pre-parole report.

Consideration

This applicant has a long history of engaging in criminal behaviour that history commencing from the tender age of 11 and including particularly violent offending and offences of dishonesty.

He is in part the product of a poor and violent childhood, a long-standing drug and alcohol dependency and his engagement with antisocial acquaintances.

He has, however, whilst serving his custodial sentence engaged in a number of prison courses including Getting Smart, Pathways, Making Choices, Gottawanna, Anger Management, Equips and alcohol and drug counselling.

Overall it appears his behaviour has improved and at those times that he demonstrates poor behaviour this appears to result from his frustration with the prison system. The applicant is currently classified medium security. That classification resulted in the cessation of his section 42 leave program which had otherwise been conducted without concern.

Were the applicant to be released on a parole order it is proposed he reside with his cousin and that accommodation has been considered to be suitable.

This applicant is currently 40 years of age and argues a greater level of maturity and desire to remove himself from previous antisocial coterie. This desire has a physical expression in that he is currently having his facial tattoos removed.

The Gottawanna Program noted a high level of motivation from the applicant to get his life back on track. His pre-parole report noted also the potential for positive supports from his family were he to be provided a supervised period of release.

On balance it is the finding of this Board that the applicant would benefit from a period of parole.

Paroled from 25 May 2017 - 18 September 2024