A former University of Canberra law lecturer serving time for sexual offences against students has lost his battle with prison authorities, who want him to undertake a course for sex offenders.
- Arthur Hoyle’s case management plan requires him to undertake a program for sex offenders
- Hoyle committed sexual offences against students he accused of plagiarism
- Judge notes prison making “genuine attempts” to rehabilitate Hoyle
Arthur Marshall Hoyle, 69, is serving four years for offences including acts of indecency and rape.
His victims were students, who he would assault after accusing them of plagiarism.
But ahead becoming eligible for parole, Hoyle has fought against a requirement by prison authorities that he join the adult sex offenders program before becoming eligible for a transition to release program.
The sex offenders program is a therapeutic group which can operate in and outside of jail, taking between four months and two years to complete.
Justice David Mossop said the parole board would likely consider whether Hoyle had participated in the program in considering an application for release.
Authorities at the prison assessed Hoyle as being at a medium to high risk of reoffending, and Hoyle had argued that was in contempt of the sentence imposed on him, in which the sentencing judge rated his risk of reoffending as low.
Hoyle wanted the decisions reviewed, telling the ACT Supreme Court Corrective Services had acted in bad faith by including the sex offenders course in his prison management program.
But Justice Mossop rejected all of Hoyle’s arguments.
He said there was no reason to review the prison’s decisions about Hoyle, and there was no basis for claims he made that the decisions had been made in bad faith.
“On the contrary, the evidence discloses genuine attempts to provide for the plaintiff rehabilitation programs and opportunities,” Justice Mossop said
“The plaintiff has not responded positively to the incentives for him to participate in the programs made available to him.
“I agree with the author of the ASOP assessment report who said that the plaintiff ‘exhibits a stubbornness and determination which is not necessarily in his best interests’.”
Hoyle will be eligible for parole later this year.