Violent offender Matthew Timothy Bain challenges Parole Board decision in Supreme Court
He bashed a man on a train in an unprovoked attack – now he’s fighting in the Supreme Court for parole despite failing to undergo a mandatory rehab program.
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A petty criminal with a shocking record of offending – including the savage, unprovoked bashing of a passenger on a train – has launched Supreme Court action aimed at securing his release from prison.
Matthew Timothy Bain, 34, is seeking a judicial review of a Parole Board decision not to interview him for parole until he completes a mandatory violence prevention program.
Bain contends he has been treated unreasonably by the Parole Board.
Supreme Court documents reveal he applied to undertake the 10-month long VPP course only six months before he was eligible for release on parole on February 20.
Bain is serving a five year and three month sentence with a non-parole period of three years and three months for offences including aggravated intentionally causing harm, assault, disorderly behaviour, three counts of serious criminal trespass and seven counts of dishonestly taking property.
The charges relate to the unprovoked bashing of a man on a train and another at a shopping centre and several housebreakings.
In his application for a judicial review Bain states he has engaged “with all rehabilitation programs available to him’’ and had made “considerable efforts to prepare for his release’’ and that “despite his requests’’ the VPP had not been made available to him.
It states that on February 26 he was advised the board had considered his application for parole and had resolved to interview him after he had completed the VPP and it had considered a post-treatment report in relation to his “risk of reoffending; violence; post release plans”.
Bain’s application states he “has now been contacted in relation to engaging in a modified version of the VPP’’ but he understands it “will take 10 months to complete”.
In its response to Bain’s application the Parole Board states the “paramount consideration’’ of the board when determining an application for parole “must be the safety of the community”.
“ … the Parole Board has a discretion to interview a prisoner like the applicant at any time,’’ the response states.
“In this case the Parole Board decided to interview the applicant on a date to be advised after he had completed the VPP and received a post treatment report.’’
The response states that decision was reasonable because it was evident Bain “posed a risk of violent offending if released’’.
It found his particular circumstances “made it very unlikely he could be released on parole without completing a program specifically intended to reduce his particular risk of violent reoffending.’’
The matter will be heard before Justice Livesey on Friday.
