The applicant ultimately appeared before the Parole Board at its hearing on 13 November 2020. There were some delays in achieving a hearing as the Board awaited a decision from New South Wales regarding whether to approve an application for transfer of parole to that jurisdiction. That jurisdiction provided that approval enabling the matter to be heard on 13 November 2020. On that occasion the applicant was present at the hearing and was invited to provide any information he had in support of his application and made himself available for questioning by the Board.
The High Court, in Power v The Queen (1974) 131 CLR 623 rejected the proposition that the primary purpose of parole is the rehabilitation of the offender, deciding that it is "to provide for mitigation of the punishment of the prisoner in favour of his rehabilitation through conditional freedom, when appropriate, once the prisoner has served the minimum time that a judge determines justice requires that he must serve having regard to all the circumstances of his offence".
The system of parole does recognise, however, the capacity of people to 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 in reducing recidivism.
The applicant was convicted of drug and firearm trafficking in 2017 as a product of a police investigation into the commercial distribution of methylamphetamine in Tasmania. The applicant was a resident of New South Wales and was detected to have engaged in a commercial enterprise with others to enable and profit off the supply of drugs into this state.
The applicant has engaged well with therapeutic programs to the extent possible in light of the disruption to program delivery caused by COVID19. He commenced Gottawanna until suspended due to the pandemic and undertaken the Circle of Security course, Equips Aggression and Foundation courses. He has also engaged with vocational courses directed toward literacy and construction which should enhance his employment prospects upon his return to the community.
This applicant presents a compelling case for a parole order. Whilst he has a lengthy criminal record for serious matters of violence and drug supply as mentioned above, since his sentencing he has presented with an emerging focus on self-improvement and socially responsible behaviour. Indeed an indication of this is perhaps to be found in the fact that prior to sentencing he spent a prolonged period on bail of over two years without returning to offending behaviour in that period. At the hearing of his application the applicant claimed he was a different person at the time of his offending with nothing to lose. Now he is motivated by his family, has greater maturity and is wishing to remain on a pro social path.
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