Andre McKechnie

Read Andre’s article on ‘Queensland’s Minimum Mandatory Sentencing and Parole in Victoria’ below.

4 January 2024

Queensland’s Minimum Mandatory Sentencing and Parole in Victoria

It was strange to call home in Victoria to explain to my family and friends that instead of returning, I would be staying in Queensland a little longer than expected. In 1994 I was a 23 year old university student on summer holiday in Queensland. Whilst there I was involved in a fight that would not have been anything special to note, except that several days later, as I was told by police, the other guy involved in the fight died. I was charged for murder and put into remand for nearly two years before being convicted for the offence.

In sentencing the judge determined the offence to be at the least significant end of the scale, and then proceeded to pass what I was told was the very minimum sentence that the laws of Queensland in 1994 allowed; ‘life with a non-parole period of 13 years, with the time I served on remand to count toward the sentence’. The judge (Justice Williams) actually apologised, stating that he would have given me much less if he could, but that he was bound by the legislation. He was referring to Queensland’s mandatory minimum sentencing laws.

It is important to note here that unlike Queensland in 1994, Victoria did not have mandatory minimum sentencing. Had I been convicted in Victoria for the same offence, as has been legally assessed, my sentence would have been at most 8 years with a 5 year non-parole period. I spent 12 of the 13 years non-parole period in Queensland’s prison system before I was transferred to Victoria on welfare (family, friends and home) grounds to finish the last year before being released on parole. I was release 2007 at exactly 13 years to the day with every day of the time spent on remand counted.

The prisoner transfer Acts say that the sentence received in the originating State will be the sentence deemed to have been imposed in the receiving State after the transfer. In Queensland I was considered just another sentenced for the same offence. But in Victoria I became, as a result of the translation of sentence, a special class, considered the worst of the worst of prisoners for whom the sentence of life is reserved. Though Victoria honoured my non-parole period, that is were the
legislation seems to stop short. As far as parole was concerned and for the remainder of my sentence I would be treated as I still am today, as a person convicted and sentenced to life in Victoria.

After 8 years on parole in the Victorian parole system, 21 years into the sentence, I got a very good picture of what it means to be on parole in Victoria, and decided that if any benefit was to be gained from it, that that time had long gone. The Victorian parole system without a doubt had done more damage than good, not only to my life, but also to the lives of the people around me. My impression of parole in Victoria is that it is something you survive, or not. It’s not, what it claims to the public to be; something that aims to help. I decided that I had had enough. I returned and have remained in custody since, now approaching 10 years, and 30 years into the sentence. As I initially did, I continue to feel a strong sense of relief to no longer be under parole, and more so, to know that without my requesting, the APB has no authority in my life, or a means to affect the lives of the people that I care about.

I think it is important to note here that Corrections Victoria has persisted throughout this time making attempts to “encourage” me to take parole. Though some of the earlier efforts were quite severe, lately they have become frightening. Still, and to some degree to protect myself, rather than take parole, I have chosen to litigate against the Adult Parole Board of Victoria (APB) and against the efforts of Corrections Victoria to attempt to force me to take parole. Representing myself, I have
now several matters on foot involving the APB and Corrections Victoria, and others in the mill. These cases have raised some very interesting dynamics in the Supreme Court of Victoria and with associated bodies. It’s fascinating to see first hand what actually goes on, and the plays of power, in this awkward legal/political scenario. I am sure that it has at least a few shifting in their seats and that the matters will eventually find their way to the High Court of Australia and possibly the United Nations Human Rights Committee (UN HRC).

Note that if parole was true to what it claimed to be, there would be no problem. But it is not. Parole is simply a large part of a mechanism designed to maintain a level of fear in the community that allows the Department of Justice, and to a large degree their portfolio agency Corrections Victoria, public money to be easily drawn from. It is essentially a Mafia style protection racket.

“You see, the Victoria … shes-a very dangerous-a neighbourhood. But if you make a
contribution to our fund we’ll make-a sure you are looked after … and if you don’t …
well you know … things can happen”.

Following all major incidents resulting from publicised “errors” of the APB, causing some of the most horrendous crimes the State has experienced, the Department is flooded with parliamentary appropriations. It is very easy to research this claim to check for yourself. Begin with publicised failures of the APB (news papers, etc) and then follow the graphs of parliamentary appropriations (the Appropriations Acts) and the distribution of funds within the Department (Department of Justice annual reports). A pattern will appear, and all of a sudden the APB’s complexion changes. It then follows that any explanation for why the APB’s decisions are almost completely outside of the reach of the State’s judiciary is no longer necessary. Note that this is only an example of one issue that is a candidate for exploration. There are many others and I have a lot of material that I am happy to share.

If you are a legal academic with a strong sense for learning to tackle the more serious and difficult of legal problems, there are not a lot of opportunities that will present as well as those that can be drawn from the circumstances, including my own, that I have described above. My aim is to bring together a team of legal academics and others who are interested to become involved so that we can take these and other circumstances and learn as much as we are able by running the matters through whatever legal process the circumstances will allow.

If you are interested and would like to learn more or share your thoughts, please drop me a line. Though a little effort is required, good lines of communication beyond regular mail, including video and voice calls, can be organised.

I look forward to hearing from you.

Kind regards
Andre.

Mr Andre McKechnie (146075)
C/- Port Philip Prison
PO Box 376, Laverton
Victoria, Australia, 3028