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WALLACE - Phillip David - 09/02/2017

Parole Hearing
Under section 21(1) of the Parole Act 2002

Phillip David WALLACE

Hearing: 9 February 2017 at [Withheld]

Members of the Board:

  • Judge E Paul (Panel Convenor)
  • Mr R Crotty
  • Mr L Comer

DECISION OF THE BOARD

1. Phillip David Wallace appears for a first parole hearing on a two year three month jail sentence for a raft of drug dealing offences to an undercover police officer.  He is aged 52 years and is currently low security.  He became eligible for parole consideration on 21 January this year.  His sentence end date is 22 July 2018.  He has a moderate to low RoC*RoI of 0.45346.

2. Mr Wallace’s five page of history disclose drug offending over the years and violence.  It is of concern that while serving a sentence of home detention for drug dealing, Mr Wallace gave himself permission to commit this further index offending.  That demonstrates to the Board that even subject to conditions from Probation, this man can and will reoffend.

3. Mr Wallace’s sentence plan, the SRP and DTU 6, he graduated from the SRP in December 2016.  He tells us today that he is [Withheld].  He acknowledges his sentence plan for the DTU 6 but tells us he explained to the prison all his supports were [Withheld] and he preferred to do the DTU 3.  He is fortunate indeed that has happened given other prisoners do not necessarily get that same consideration when sentence plan for the DTU 6.  It may well be on completion of the DTU 3 he would still be required to complete the DTU 6 as that is recorded against his sentence plan at present.  That is a matter for the future.

4. Mr Wallace has a release proposal to [Withheld].  He tells the Board he is cannabis-free and wishes to remain that way on his release.

5. This Board is satisfied that given Mr Wallace is undertaking a programme, parole is not appropriate today.  He continues to present an undue risk to the safety of the community.  Even after completion of the DTU 3, Mr Wallace will require time to demonstrate his learnings from that programme.  A prison setting is best for that purpose rather than immediately moving to consider release.  Ultimately that is matter for Mr Wallace and maybe should the DTU 6 be removed from his sentence plan and his circumstances changed he can make a s26 application to be seen earlier.  Ultimately that is a matter for him.  At this time, Mr Wallace will now be seen in 12 months and not later than the end of February 2018.

Judge E Paul
Panel Convenor