Parole Board Decision

In the Matter of the Corrections Act 1997

and

In the matter of an application for Parole by Alan Cecil Tyne

Reasons for Decision

Offences and Conviction

Murder, driving whilst disqualified and whilst not holding a driver’s licence with alcohol in his body.

Parole Eligibility Date

22 March 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 of 16 years with a non-parole period of 8 years imposed upon his conviction for murder.

The applicant has previously been the recipient of a parole order from 5 March 2012. That order was ultimately revoked in February 2017 upon his conviction for driving whilst disqualified and whilst not holding a driver’s licence with alcohol in his body. Otherwise, for the period of approximately 5 years whilst under the supervision of a parole order the applicant had not engaged in offending behaviour.

The applicant’s application for parole was heard before the Board at its meeting of 30 June 2017.

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. Victim impact statement;
3. Prison summary;
4. Record of prior convictions;
5. Prison episode summary report;
6. Alcohol and drug report and release relapse plan;
7. Pre-parole report;
8. Home assessment;
9. Documents relating to the first application for parole.

Consideration

Upon his return to the custodial environment upon his 2017 conviction for drive whilst disqualified the applicant underwent drug and alcohol counselling.

If released on parole it is proposed that the applicant return to the home owned by his partner’s mother with his partner and this accommodation has been assessed as suitable. It was also noted it may be possible for him to return to employment. It is noted that the applicant was served with an apprehended violence order regarding a relationship breakdown in 2016.

In his application the applicant notes that he has made efforts to turn his life around and stay on the path of a healthier lifestyle. The alcohol and drug counselling report notes that he has demonstrated a good level of insight into his alcohol use and triggers and that in preparation of his return to the community relapse plan gaps have been identified with respect to his coping skills and strategies.

It is also noted that the murder committed by the applicant was committed in the context of a specific and volatile relationship with his partner, the victim, and outside of that relationship there has been no record of violence.

In light particularly of the previous experience of the applicant under a supervised parole order and the rehabilitation benefits obtained and likely to be obtained by such an order, together with the low level of risk of reoffending behaviour it is considered appropriate for parole to be granted in this instance.

Paroled from 10 July 2017 - 3 November 2024