Bartholomew [2021] NSWDC 307

• Offences committed five and seven days after release to parole for armed robbery offence – offender gave account of being released to parole with little support or resources

[32] He was released from custody at the Lithgow Correctional Centre on 2 September 2020 and when released there was no one there to meet him. He had $100 from his gaol account. This was the extent of the funds available to the offender. A taxi was called but never arrived but he was given a lift to the Lithgow Railway Station where he purchased a ticket and travelled to Sydney. He did not have a mobile phone and for that reason had not spoken to his Nan, with whom he intended to stay the first night. He knew where she lived and stayed with her that night. The following day he travelled by train to Wagga Wagga, arriving in the early hours of the morning of 4 September 2020.

[33] The offender’s evidence continued that he went to his brother’s home and his brother answered the door. His brother told him he could not stay there because he and his partner had just had a baby. The offender was therefore homeless. His father was not an option as his life with his father when younger was “pretty awful”. I will deal with that after summarising the offender’s evidence.

[34] The offender went on to say that he went to Community Corrections. He confirmed the contents of the affidavit that they offered emergency accommodation but it was a motel some 5 km from central Wagga Wagga. The offender thought he would end up back in gaol and “gave up then and there”. It seems that the system failed this offender. While giving evidence the offender was asked by his counsel whether he wanted to go back to gaol and he replied, “a little bit”.

• Sentencing Judge concluded that after spending considerable time in juvenile and adult custody offender will need ‘intensive and extensive supervision upon his eventual release from custody’ and ‘support to develop a pro-social network of peers in the community in order to gain a sense of belonging…’: at [38]-[42]