Supervised Parole for 'DL' in the best interest of community safety

Justice James Wood AO QC began the hearing by acknowledging the presence in court of Tania Burgess’ parents and extended them the SPA’s deepest sympathies for the terrible loss of their daughter.

He said in reaching its decision to grant parole, the SPA had accepted the expert opinion of the Serious Offenders Review Council (SORC), which strongly advised that with only 13 months remaining on DL’s sentence, parole with supervision was now “critical”.

“We note that he (DL) has been in custody since he was 16 years of age, with no period of maturing in the community and likely institutionalisation,” the SORC report noted.

“…the priority is now supervision to foster his reintegration and the protection of the public.”

DL, now aged 32, was resentenced on appeal to a total 18 years and his sentence expires 18 July next year. He has been eligible for parole since 2018.

Justice Wood AO QC said parole was now imperative, noting evidence DL’s mental health is stable and that he will be subject of a highly comprehensive post release plan.

He said if parole was again refused, DL would be released at the end of his sentence unsupervised in July 2023 and further, any delay to his release now would only increase the risk to the community.

Corrections (ComCor) which also recommended parole, reported DL has completed his therapeutic treatment pathway in custody and they have developed a highly comprehensive post release plan for DL’s supervised reintegration into the community.

DL must provide Comcor authorities with daily notifications of all his movements and must comply with orders to engage with forensic psychological treatment and adhere to his obligations under the NSW Police’ Child Protection Register.

In addition to the standard 11 parole conditions, DL is ordered to comply with Additional Conditions that he:

• must submit to electronic monitoring (inclusive of schedules) and comply with all instructions given by your Officer in relation to the operation of monitoring systems.
• must participate in the following intervention CSNSW Psychology. • must not contact, communicate with, watch, stalk, harass or intimidate the victims’ family.
• must comply with all conditions and requirements of the Child Protection Register.

DL will be released 1 August 2022.