Escalante [2023] SASC 138

• Offender sentenced to life imprisonment for murder – released to parole 2016 – over five years parole cancelled on three occasion due to continued use of prohibited drugs – In granting application to set new non-parole period accepted psychologist’s opinion that drug use explained by offender’s institutionalisation:

[25] … Mr Williams opined that an aspect of Mr Escalante’s circumstances that could more readily explain his offending behaviour is his long-term incarceration; effectively, Mr Escalante suffers from what is broadly labelled as institutionalisation. The result of a person being subject to external controls which govern their routines and social interactions and the experience of a long-term stigmatised status from an early age can be such that a person does not develop their autonomy, personality or capacity for independent judgment which impairs their ability to function effectively outside of the institutional environment. Mr Williams has observed that Mr Escalante’s descent into drug use correlated with a reduction in his hours of employment which lessened his structural restraints and increased his free time.

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[41] The circumstances in which Mr Escalante breached his parole on both occasions are best viewed in light of Mr Williams’ assessment of the aetiology of Mr Escalante’s behaviour and its relationship with his psychological functioning. That is, that Mr Escalante’s institutionalisation has impaired his sense of autonomy and ability to make independent choices rendering him more reliant ‘on external contingencies and environmental constraints to control behaviour’. This goes some way to explain Mr Escalante’s first relapse into illicit substance abuse after the passing of his young child and subsequent relationship breakup. Furthermore, given the importance of structure and external contingencies such as full-time work, these factors shed light on the circumstances of his second relapse and cancellation of parole where, by virtue of undertaking the Matrix program, he had more free time.