Parole Board Decision

In the Matter of the Corrections Act 1997

and

In the matter of an application for Parole by David John Wright

Reasons for Decision

Offences and Conviction

Murder

Parole Eligibility Date

27 November 2016

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 18 years with a non-parole period of 9 years imposed upon his conviction of murder. That sentence was imposed on 26 May 2005.

The applicant has previously had the benefit of a parole order commencing 2 December 2013 which ultimately was revoked on 9 December 2016 as a result of drug use in breach of the conditions of the parole order.

The applicant’s application for parole came before the Board and was heard on 17 March 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. Correspondence from Mr Wright;
3. Prison summary;
4. Prison episode summary report and update;
5. Relapse and recidivism prevention plan;
6. Letter from Alcohol & Drug Counselling;
7. Pre-parole report and update;
8. Home assessment.

Consideration

The applicant has a prior criminal history involving assaults and offences contrary to good order. Contributory to his offending behaviour has been his reliance upon alcohol and drugs.

Despite this background he has been able to achieve minimum classification without disciplinary issues and positive case notes during his custodial term. He has undergone alcohol and drug counselling and the Gottawanna Course in recognition of and in an effort to rehabilitate from the impact of alcohol and drugs and through that his offending behaviour.

It is proposed that he return to reside with his wife and son if released on a further parole order and this has been assessed as appropriate.

It is of concern that the applicant has previously had the benefit of a parole order but nevertheless returned to drug taking whilst on that order and in breach of the same. This is not denied by the applicant, however, he states that he has put in place further supports such as psychologist intervention and the Bridge Program to assist in pursuing a drug-free and crime free lifestyle.

It is noted that Mr Wright demonstrates good insight into his offending behaviour and clear motivation to rehabilitate. He would benefit from a further opportunity under the supervision of a parole order.

Paroled from 4 April 2017 - 1 August 2025