The ideal concept of sentencing someone to a term in prison is the hope that they may be rehabilitated and not continue to offend when they are released. The judge hearing the case has the difficult task of fitting the time to be served to the criminality of the offence for which the prisoner is before the court. Automatic remissions for good behaviour apply and in most cases the convicted do not serve the entire sentence.
There is an obvious problem when a prisoner is nearing the end of the prison term and showing no remorse or any attempt to mend their ways. It may be that it involves a psychiatric problem, but it is evident to the staff guarding such a prisoner that he will quickly reoffend after release.
Just such a problem is facing those responsible for holding " Simon ", a 51 year old male prisoner who is serving a maximum twelve year sentence imposed in 2009 for aggravate sexual intercourse without consent. It was a particularly brutal rape. His time behind bars has been marred by repeated attacks on prison staff and he has threatened to rape the wife of one of his guards.
Simon first came under consideration for parole in 2015 and again in 2016 but was deemed unsuitable. He is now due for release between January 20 and February 6 but Corrective Services has appealed to have his release revoked on the grounds that he " is unable to adapt to normal lawful community life ". That appeal has been rejected.
When Simon walks to freedom he will be subjected to strict supervision and this will include fitting an electronic tracking bracelet. He will be required to live at an approved address and will not be allowed to visit Randwick, Waverley or Woollahra until his sentence fully expires in April, 2020.
The New South Wales prison system is under space pressure. Early release is essential to make room for newly convicted felons and parole can be an important bargaining chip in imposing safety restrictions while easing prisoners back into society. Those that are refused parole will re-enter society on their own terms when they fully serve their sentence.
That is the limitation of our justice system. Prisoners only serve a sentence for the particular crime for which they have been convicted. We can not extend their time behind bars, for crimes we know they are gong to commit in the future. Even the most violent and worst criminal must walk free when the full length of their sentence has been served.
It was not always that way. In the distant past people who the authorities considered a " nuisance " were jailed indefinitely, and many simply died in prison. Today, we strictly enforce a penal code that enhances the " rights " of the prisoner. Even when a crime results in a " life " sentence marked " never to be released " even that is now subject to review.
It is inevitable that shortly Simon will again walk the streets of Sydney - and no doubt we will hear of him again - in a lurid news story where his freedom has resulted in a personal disaster for some other member of the public. It seems that " freedom " delivers many outcomes, depending on who is the perpetrator and who is the victim !
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