WILSON - Clinton Jacob -10/11/15
Review of section 107 order
Under section 107(6) of the Parole Act 2002
Under section 104 (FRD) of the Parole Act 2002
Clinton Jacob WILSON
Hearing: 10 November 2015 at [withheld]
Members of the Board:
Judge J P Gittos - QSO Panel Convenor
Ms L Nathan
Mr S Perry
In Attendance: [withheld]
DECISION OF THE BOARD
1. Clinton Wilson is a 39 year old man nearing the end of a sentence of 14 years’ imprisonment imposed upon him for rape. In the course of his sentence he has committed three violent offences, one against a prisoner and two against prison officers, for which cumulative finite sentences of less than two years have been imposed. The end result of this as we are advised by the Department of Corrections is that Mr Wilson’s sentence end date is 9 February 2017, but his sentence release date is upcoming on 9 December 2015.
2. Apart from the index offending which was very concerning and violent offending, he has a history of other serious offending including aggravated robbery, injuring with intent and other violent offending, burglary, driving and dishonesty offending. He was last before the Parole Board on 13 October for the purpose of the Board considering the review of a section 107 order which was in force. The Board then adjourned the hearing to today’s date on the application of counsel.
3. We have today heard from Mr Wilson’s counsel. [withheld], and also from counsel for the Department of Corrections, [withheld]. Both counsel have filed lengthy written submissions directed to the section 107 issue and we have heard from both counsel orally on that matter also and generally as to release conditions.
4. Helpfully, [withheld] from [withheld] appeared to assist the Board. It is to be noted that Mr Wilson is currently at [withheld] and is receiving some medication for [withheld]. The nature of his diagnosis is as yet unclear. The most recent report which we have from the [withheld] dated 2 April 2015 indicates some uncertainty over the matter of diagnosis and treatment which appears to be an ongoing exercise. [withheld], the [withheld] registrar, reports:
“At present we are working on clarifying Mr Wilson’s diagnosis with the help of our cultural advisor. Our current impression is that of a major [withheld]. We have since altered Mr Wilson’s medication and it will take a few months before we can determine the full response to the medication.”
5. That would seem to be the current situation medically for this man.
6. [withheld] advised that there is the opportunity for Mr Wilson to remain in [withheld] on a voluntary basis upon his release so that his diagnosis and treatment can be perfected and the Board would think this to be the most appropriate course to be implemented at this time.
7. So far as the issue on section 107 is concerned, having regard to the contents of the psychologist’s report from [withheld], there can be no question in the Board’s view that this man continues to pose a serious risk and is likely to re-offend if released. This is the submission of [withheld], counsel for the Department. We accept that submission. We are satisfied that the order needs to remain in place although, realistically, that will only be for a short time until his sentence end date. It behoves the Board at this stage, accordingly, to fix release conditions against that date and the following release conditions are to apply. All are to prevail until six months after his sentence end date.
(1) If deemed suitable, to attend a support planning meeting with relevant support persons at an approved venue within a time frame to be determined by your Probation Officer.
(2) To attend an assessment for Alcohol and other Drugs and complete any treatment/counselling as recommended by the assessment to the satisfaction of your Probation Officer and programme provider.
(3) Attend for a psychological assessment and complete any treatment/ counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(4) Undertake and complete appropriate treatment/counselling to the satisfaction of the Probation Officer and treatment provider, including such programme of medication for psychiatric issues as may be prescribed by a consultant psychiatrist. The details of the counselling or treatment to be determined by your Probation Officer.
(5) To reside at an approved address and not to move from that address without the prior written approval of a Probation Officer.
(6) Not to stay away overnight between the hours of 10:00pm and 6:00am from your residence without prior written approval of a Probation Officer.
(7) Not to possess or consume any alcohol or illegal substance for the duration of your Parole sentence and be subjected to testing administrated, on request of a Probation Officer or Police.
(8) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(9) You are not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, over the age of 18 years who has previously been approved in writing by your Probation Officer, Is present.
(10) You are not to have contact or otherwise associate with any victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
8. The Board records that counsel for the Department of Corrections has indicated that the Department is considering whether to seek a public protection order against Mr Wilson on his release or an extended supervision order. The Board is of the view that one or other of those measures is definitely called for and given the timeframes which are presenting and the need for the Court to deal with the application whatever it may be, the Department is urged to make such application without delay.
Judge J P Gittos QSO