Parole Board Decision

In the matter of Corrections Act 1997

and

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

20 January 2017

Reasons for Decision

Offences and Conviction

Murder

Parole Eligibility Date

5 July 2016

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
• Any other matters that the Board thinks are relevant.

Documentation

The Board has had regard to the following documents in considering the application:-

1. Previous parole application files;
2. Parole summary;
3. Application;
4. Victims of Crime Unit response;
5. Prison summary;
6. Record of prior convictions;
7. Prison episode summary report;
8. Engagement Summary;
9. Work report;
10. Home assessment report;
11. Updated pre-parole report.

Comments

The Applicant has a history of exemplary service of his custodial sentence. And yet, upon release experiences difficulties in compliance, specifically with restrictions placed on drug use. His reliance particularly being on the use of cannabis.

The Applicant has a lengthy history of offending behaviour commencing at the age of 13, albeit with an apparently large gap in offending behaviour between 1996 and 2004.

The Applicant is classified minimum security, he has been described as polite and courteous and well engaged in his maintenance position. It is noted that he attended the Putalina Festival in January 2017 on a section 42 release and conducted himself to a very high standard.

He has undertaken a certificate I in access to work and training, basic pathways skills, he has completed an alcohol and drug assessment and commenced a TAFE of course in basic vocational training.

If released it is proposed that he reside with his partner and a friend. He asserts that the partner is drug-free. It is noted, however, that he has previously made this assertion.

It is noted that the Applicant's past parole breaches have not been associated with offending behaviour. However, drug testing undertaken on him during parole periods have been returned with low creatinine levels, suggesting an active attempt by him to mask his drug use.

There is rehabilitation potential for the Applicant and that potential is demonstrated by his compliant behaviour whilst serving his custodial sentence. The risk for him remains his capacity to comply with the requirements of a parole order and in particular the stipulation that he not use drugs.

Whilst there remains concerns for the Applicant’s capacity to comply with a parole order it is noted that his battle to do so resides in him alone. He has not posed a risk to others during previous parole periods. The Applicant remains an applicant who would benefit from supervision.

Parole granted from 30 January 2017 - 26 August 2024