One of Tasmania’s longest serving prisoners has had his dangerous criminal declaration discharged with a judge describing the length of time he was imprisoned as “Dickensian”.
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Justice Helen Wood said she was satisfied that the declaration made in January 1991 for Jamie Gregory McCrossen, 46, was “no longer warranted for the protection of the public”.
She ordered the discharge, which was not opposed by the Crown, not take effect until December 14.
McCrossen was 18 years old when he was jailed for 18 months for assault and wounding when he held up an antique shop with an antique pistol.
He was subsequently placed on the dangerous criminal registry in 1991, after he sent death threats to his victim from jail.
In her 19-page decision, Justice Wood described as “worrying” the time McCrossen had spent on a waiting list unable to be transferred to the Wilfred Lopes Centre.
“The High Court has called indeterminate detention stark and extraordinary punishment,” Justice Wood said.
“The applicant’s case exemplifies that description. He has spent 26 years in custody because of the declaration. The length of time is Dickensian.
“When the applicant said in evidence that it is not fair and he has spent more time in prison than other people who have done worse things, there was nothing that could be said.
“It is true.”
Justice Wood said she was worried that under the current legislative framework other prisoners may not initiate an application for discharge.
She said legislation that allowed no periodic review or obligation for the state to justify continuing detention “carries wide implications, beyond the individual prisoner”.
“Factors which may be conducive to a prisoner not initiating an application for discharge are many personal and situational factors including mental health issues such as depression, low self-esteem, despair and hopelessness,” Justice Wood said.
“It is well documented that a large percentage of prisoners have mental health difficulties. As we have seen, these symptoms are compounded by an order for indeterminate detention which has the potential for long term incarceration, stigmatisation and the prisoner being institutionalised.”
Justice Wood said McCrossen’s potential for reform could not be doubted.
“It has been my privilege to be the presiding judge in this case, to make the order which is sought and which, given the thorough reports, and the dedication and commitment of the applicant’s treating team, is now inevitable,” she said.
“While privileged today to make this order, I am troubled that tomorrow I may be confronted with a case that, given the current legislative framework, may see history repeated.”
