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DAVIS - Dharam Raj - 31/10/2017

Parole Hearing

Under section 21(2) of the Parole Act 2002; and

Conditions hearing

Under section 18(2) (SRD) of the Parole Act 2002

Dharam Raj DAVIS

Hearing: 31 October 2017

at [withheld] by video conference to [withheld]

Members of the Board:

  • Judge J P Gittos QSO – Panel Convenor
  • Mr L Comer
  • Mr G Crowley

DECISION OF THE BOARD

  1. Dharam Raj Davis is a 25 year old man serving a sentence of three years and six months imposed upon him for manslaughter.  The index offence occurred when he engaged in a fight with a fellow employee with whom he had some sort of a difference which resulted in the victim losing consciousness and dying from a combination of strangulation and blunt force trauma to the head.  Mr Davis has a history of some 30 previous convictions in all, five of which are for violent offending including domestic violence and assaults on the police.  There are also convictions for possession of offensive weapons and threatening behaviour.
  2. He was last before the Board on the 20th of October 2016 when the Board noted three recent misconducts and the psychologist’s assessment of high risk.  Some one-on-one intervention with the psychologist was recommended but this has not been implemented.  He remains at high risk with a RoC*RoI of .71025 and he is still on a high security rating.
  3. We note that he was exited from the Drug Treatment Unit for misconduct in August this year.  The Special Treatment Unit Rehabilitation programme is on his sentence plan but there is now no time for this to be completed with a sentence end date upcoming on the 15th of April 2018.
  4. In short, Mr Davis has violent proclivities and has done no rehabilitation.  Alcohol and drugs are also an issue.  We canvassed with his PCO the prospect of him engaging in some rehabilitation, particularly perhaps in the Short Alcohol and Drug area but the indications from that are that given his high security rating and time available he is unlikely to get any meaningful interventions for violence or opportunity for one-on-one with the psychologist during the remainder of his sentence.
  5. We would hope that something in that way could be provided for him and that priorities might be rearranged to make that happen.  Certainly the prospect for the community and for Mr Davis of him coming to the end of his sentence completely untreated is not what we would like to see happening.
  6. Parole today is declined and Mr Davis is to be released at sentence end date subject to the following conditions, all of which are to prevail until six months after sentence end date apart from the curfew, which is to run for a three month period.
  7. We have reminded Mr Davis of the random testing provisions now introduced into the law in relation to the drug and alcohol prohibition.

(1) To attend, participate in and adhere to the rules of a relapse prevention group to the satisfaction of your Probation Officer and group facilitator(s).

(2) To attend and complete any other appropriate programme to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.

(3) To reside at an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer.

(4) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.

(5) You are not to stay away from your approved address between the hours of 10:00pm and 6:00am daily without the prior written approval of a Probation Officer for the first 3 months after your release date.

(6) You are not to have contact or otherwise associate with the family or others person related to the victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

(7) Not to have contact or associate with persons known to you to associate with the any criminal gang, including Crypt gang without the prior written approval of a Probation Officer.

(8) Not to possess or consume alcohol or use a controlled drug or psychoactive substance.

Judge J P Gittos QSO
Panel Convenor