balance of his Commonwealth parole from 19 January 2022 to 2 November 2022.[1]
48 His criminal record overall denies him the prospect of leniency.
49 Since entering custody on the date of his arrest, 18 January 2022, NSW Corrective Services history establishes that the offender has been penalised for one institutional offence of refusing or failing a drug sample, with penalty imposed on 7 July 2023.
50 The Court has been given documents relevant to the commission by the offender of the Code offence, and his eventual admission to parole, which are Exs. SA.8–SA.12. Ex. SA.9 is a pre-sentence report ordered by the District Court for the sentence proceedings for the Code offence. The author reported that the offender had maintained "borderline" engagement with Community Corrections when subject to a s 12 bond, during which period he entered but did not complete the Odyssey House programme on three occasions. The history recorded included an account of the offender's expulsion from school in Year 9 following an abusive outburst directed to the Headmaster, after which the offender was mainly unemployed. He told the author of the report that he had begun to use drugs at age 11 as heroin made "the 'voices' go away". He reported having been diagnosed with schizophrenia when he was 15 years old.
51 The report author concluded that the offender had engaged in the Code offence for personal gain, and that he had limited insight into his crime. That he had continued to use illicit drugs despite having engaged with several drug intervention programmes was noted to be a matter of concern.[2]
52 After sentencing for that offence, the offender was initially refused parole, not least because of his repeated refusal to provide a sample for drug testing and admitted use of illicit drugs when in custody.[3]
53 When facing sentence for the Code offence the offender was assessed by a psychiatrist, Dr Olav Neilssen, who prepared a report for tender in evidence in
