R v CRAWLEY No. Sccrm-00-94

[2000] SASC 268

R v CRAWLEY
[2000] SASC 268

Criminal

1................ OLSSON J...................... In this matter, the prisoner, JOHN CRAWLEY, has made an application, pursuant to s 32 (3) of the Criminal Law (Sentencing) Act 1988, for an order fixing a non parole period in respect of a sentence which he is currently serving.

1. The relevant history is somewhat complex.  The highlights of it may be summarised as under -

·.. In mid-1993 the prisoner received custodial sentences in the Supreme Court of Western Australia which aggregated ten years and nine months.  These were in respect of six offences of aggravated sexual assault, one offence of armed robbery and another of attempted armed robbery.

·.. He was eventually released on parole in Western Australia on 14 January 1998, the period of that parole being due to expire on 6 January 2004.

·.. On 11 February 1998 he arrived in South Australia, on transfer of parole.  His parole order was formally registered in this State on 7 April 1998.

·.. On 1 February 1999 the Parole Board of South Australia issued a warrant for the prisoner's arrest, consequent upon his failure to report to his Parole Officer.

·.. In the meantime, the prisoner had, apparently without permission, returned to Western Australia to see a woman with whom he had had a relationship.  She had terminated that relationship and he desired to resume it.  This all occurred against a background of the successive deaths of his brother, brother-in-law (with whom he was close) and his father.  It is said that he was unable to cope with the combination of these occurrences.

·.. On 30 October 1998 he committed a serious assault on another man in Western Australia.  He was located and arrested by police in respect of that offence on 16 January 1999.  On 7 March 1999 he also committed a further offence of stealing in Western Australia, whilst on bail in respect of the assault offence.

·.. The Perth Court of Petty Sessions sentenced the prisoner, in respect of both of the lastmentioned offences, on 8 July 1999. He was imprisoned for 15 months for the assault. By virtue of s 75 of the Correctional Services Act 1982, this brought about an automatic cancellation of his parole. He became liable to actually serve a balance of his original head sentences amounting to 5 years 2 months and 6 days.

·.. On 13 December 1999 the prisoner was released on parole from Western Australia.  He was thereupon extradited to South Australia to serve the balance of his original head sentences.

·.. A report from the Parole Board indicates that the prisoner has spent the bulk of his time in custody, since mid December last, at Mobilong prison.  It is reported that, whilst there, he has been a quiet, polite and co-operative prisoner, who has not attracted adverse staff attention.  He has engaged in various forms of employment activity within the goal.

1. It must be said that the prisoner has an appalling antecedent record, for a variety of offences. A significant number of these have involved violence.

2. He is now 30 years of age and has a history of alcohol and drug abuse, stemming back from the age of 13 years.  He has a dysfunctional family background.

3. The prisoner underwent detoxification treatment on two separate occasions, and has completed courses designed to address serious problems which he has exhibited relating to anger and aggression control.

4. The general background report prepared by the Parole Board does not inspire confidence, although it must be said that the prisoner recently completed a cabinet making course and has, in recent times, seemed motivated to seek help in respect of his adverse character traits.

5. A psychological report, which has been tendered, indicates that the prisoner has a particularly vulnerable personality. He tends to be emotionally unstable and inclined to act out in a dysfunctional manner, when placed under stress.  He has had difficulty in coping with the losses of his father, brother and de facto partner.  Resort to substance abuse has, in part, been used as a means of blocking out his emotions stemming from those losses.  Much of his antisocial behaviour has been linked to that type of abuse.

6. On the other hand, the recent self motivation of the prisoner to qualify himself for gainful employment and to attempt to address his problems is a more promising sign -- although he obviously needs fairly intensive ongoing counselling, which may not be entirely practical in the prison environment.

7. His counsel submits that, with some age maturation, the prisoner is coming to realise that there is a need to turn his life around and is attempting to do so.  It is urged upon me that an early further release on parole is both justified and also likely to be far more productive than in the past.  There is evidence that, if the prisoner is released, accommodation in a stable environment could be provided by family friend, who also feels confident that he could assist in finding him employment.

8. The Crown, not unsurprisingly, adopts a rather more cynical outlook, based on the prisoner's prior poor record.  It suggests that a longer, rather than shorter, non parole period is appropriate in the circumstances.

9. It is stating the obvious to say that, in a case such as this, it is extraordinarily difficult to determine, with confidence, what is a fair and reasonable approach.  With a person who has the prisoner's problems, there are obvious inherent question marks about likely parole compliance.

10. Whilst there is something to be said for the Crown approach, this, nevertheless, seems to me to be a situation in which there are now sufficient positive signs to warrant giving the prisoner a further, reasonably early, opportunity of redeeming himself.  The proof of the pudding will, of course, be in the eating.  I would expect the Parole Board to impose strict conditions of parole, which, if breached, will inevitably result in the rapid return of the prisoner to a custodial situation.

11. In the circumstances, I fix a non parole period commencing on 14 December 1999 and expiring on 30 June 2001.