Whilst the applicant has a criminal history that history involved matters of driving, drugs and firearms rather than for matters of dishonesty. When sentenced Blow CJ noted the “ bad things” about the applicant’s crimes as being the value of the stolen property, that the crime was committed whilst the applicant was on bail for other matters and that he had returned to the same premises having worked out they were unoccupied. On two consecutive nights the applicant burgled unoccupied premises. 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, the ability to remove or mitigate that risk by the imposition of appropriate conditions and understanding the victim’s “voice” and the desire to continue to punish for the criminal wrongdoing. 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 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". 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 Director, on giving the sex offender prisoner the opportunity to participate in the appropriate treatment, is to inform the prisoner that….When considering the application for parole of a sex offender s31(3)(b) of the Act is also relevant: Any other matters that the Board thinks are relevant.”.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 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.The probable circumstances of the prisoner after release from prison 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 behaviour of the prisoner while subject to any order of a court and.The behaviour of the prisoner during any previous release on parole 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 circumstances and gravity of the offence, or offences, for which the prisoner was sentenced to imprisonment and.The likelihood of the prisoner complying with the conditions and.Any remarks made by the court in passing sentence and.The rehabilitation of the prisoner and.The likelihood of the prisoner re-offending and.“In determining whether or not a prisoner should be released on parole, the Board is to take into consideration – S72 (4) specifically provides as follows: The Corrections Act 1997, s72, establishes a statutory criteria for determining suitability for parole. In determining the application, the Board has had regard to the following statutory criteria:. 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.Ī pre-parole report prepared on behalf the Board was read to the applicant prior to his appearance at the hearing. The applicant appeared before the Parole Board at its hearing on the 6 th of August 2021. The applicant became eligible to be considered for a parole order on the 24 th of May 2021 Toby David TORRENTS (“the applicant”) is serving a sentence of imprisonment imposed upon his conviction for Evade Police and Aggravated Burglary x2, Stealing x2. In the Matter of an application for Parole by Toby David Torrents
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