Application for Home Detention

Under Section 33(1) of the Parole Act 2002

Lesley MARTIN

Hearing: 29 June 2004

Decision: 30 June 2004

Members of the Board:

DECISION OF THE BOARD

You have been sentenced to 15 months imprisonment for attempted murder. The statutory release date of your sentence is 13 December 2004.

Home detention is not a lifestyle option. It is directed at the Board’s discretion, which must be exercised judicially, only if the Board sees you as suitable for that way of serving your sentence of imprisonment. We have to take account of the risk you present to the community – the safety of the community being our paramount concern – the likelihood of your offending on home detention – including breaching a condition of home detention which is itself an offence – the nature of your offending, your welfare and the extent to which rehabilitation and integration may be promoted, the safety and welfare of the occupants of the residence offered for home detention, and the outcome of any restorative justice process which may have occurred.

The Board draws a sharp distinction between breaking the law and attempting to change it.

Having regard, firstly, to the nature of your offending, secondly, concerns about undue risk to the community when you are in a position to influence the minds and actions of others while you stand by your earlier comment to the effect you would do the same again or help others do the same in the current legal environment and, thirdly, in those circumstances, the unrealistic prospect of rehabilitation, the Board is not presently satisfied you are suitable for home detention.

Your application is declined.

However, the Board would reconsider your application in the event of your unqualified acceptance, firstly, of the impropriety of breaking the law and, secondly, of a requirement you refrain from any public or media activity until you have attained your statutory release date.

In the event you wish home detention to be reconsidered, the Board would require the community probation service to provide an updated report canvassing the prospect of relationship counselling including all family members within its umbrella.

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