Ron Brierley’s case is the tip of a very large iceberg when it comes to elderly people and healthcare in prison.
In December 2019, then 82-year-old Brierley was detained at Sydney International Airport following an anonymous tip-off.
On 1 April 2021, Brierley pleaded guilty to three counts of possessing child abuse material.
On 14 October 2021, Brierley was sentenced to 14 months in jail, with a seven-month non-parole period.
Discovering skin cancer
On the day of his imprisonment, Brierley complained of a “sore” on his left leg. More than a week later, Brierley had not yet seen a doctor or received a health assessment. Brierley’s solicitor sent an email to Justice Health. No response was received.
Eleven days later, Brierley was seen by a doctor in jail who showed concern, and he was placed on a five-month waiting list to see a doctor at Prince of Wales hospital.
As Brierley became increasingly anxious, he discovered a new lump at the same site of the sore. Following urgent representation by his solicitor – to which Justice Health also did not reply – Brierley was transported to Long Bay Prison on 16 November 2021, and a biopsy of the lump was carried out on his leg. The biopsy confirmed skin cancer.
Upon returning to his cell, Brierley experienced regular bouts of heavy bleeding from the biopsy site, requiring pressure bandages. Brierley also began to suffer a severe urinary tract infection. It took 10 days for him to be prescribed antibiotics. He went on to suffer recurring urinary infections.
Surgical removal of his skin cancer took place on 8 December 2021.
Although his dermatologist recommended a three-week period of hospitalisation to allow appropriate time to heal, Brierley was immediately transferred back to jail to recover.
In his cell, Brierley’s wound bled frequently and urinary tract infections continued. Bed rest was almost impossible.
Throughout his imprisonment, Brierley developed a fear of falling in the shower, as the facilities had no hand railings or non-slip tiles. He chose to shower just once every 10 days because of his unsteadiness. Brierley had a moderate degree of vascular dementia and heart disease prior to his imprisonment.
On 28 December 2021, the stitches around Brierley’s leg wound broke down, resulting in an uncontrollable haemorrhage and emergency hospital admission. An attempt was made to admit Brierley to the Kevin Waller unit at Long Bay hospital, but the 26-bed ward was already full.
Challenging the sentence
In February 2022, the New South Wales Court of Criminal Appeal allowed Brierley’s legal team to challenge his sentence. The court was told that Brierley’s health had deteriorated since his imprisonment and the conditions under which he was incarcerated were “onerous”. Brierley was re-sentenced to 10 months jail with a four-month non-parole period. He was released from jail on 13 February 2022.
Justices Beech-Jones, Harrison and Fagan agreed that the sentencing judge, Judge Huggett (as she was then known), made no error in law when she sentenced the former Brierley to jail.
However, the Court found that there was a “striking” discrepancy between the conditions Judge Huggett had been led to believe Brierley would be subject to, and the actual conditions he faced as an 84-year-old inmate in deteriorating health at Long Bay jail.
The Court found that contrary to the assurances Justice Health provided to Judge Huggett on sentence, Brierley was not assessed by any form of healthcare practitioner until 11 days after entering jail, nor had Brierley received an aged care assessment for three weeks, which was an unusually long time to wait. Ultimately, he was never admitted to an aged care facility in jail.
Their Honours found that there had been a “seriously deficient provision of welfare for a prisoner in this class” and that the evidence “supports a conclusion that Corrective Services, in conjunction with Justice Health, is not able to provide conditions of imprisonment to the reasonable standard of safety and humanity that her Honour evidently understood would be provided when the sentence was passed”.
Ron Brierley’s case is the tip of a very large iceberg when it comes to elderly people and healthcare in prison.
In December 2019, then 82-year-old Brierley was detained at Sydney International Airport following an anonymous tip-off.
On 1 April 2021, Brierley pleaded guilty to three counts of possessing child abuse material.
On 14 October 2021, Brierley was sentenced to 14 months in jail, with a seven-month non-parole period.
Discovering skin cancer
On the day of his imprisonment, Brierley complained of a “sore” on his left leg. More than a week later, Brierley had not yet seen a doctor or received a health assessment. Brierley’s solicitor sent an email to Justice Health. No response was received.
Eleven days later, Brierley was seen by a doctor in jail who showed concern, and he was placed on a five-month waiting list to see a doctor at Prince of Wales hospital.
As Brierley became increasingly anxious, he discovered a new lump at the same site of the sore. Following urgent representation by his solicitor – to which Justice Health also did not reply – Brierley was transported to Long Bay Prison on 16 November 2021, and a biopsy of the lump was carried out on his leg. The biopsy confirmed skin cancer.
Upon returning to his cell, Brierley experienced regular bouts of heavy bleeding from the biopsy site, requiring pressure bandages. Brierley also began to suffer a severe urinary tract infection. It took 10 days for him to be prescribed antibiotics. He went on to suffer recurring urinary infections.
Surgical removal of his skin cancer took place on 8 December 2021.
Although his dermatologist recommended a three-week period of hospitalisation to allow appropriate time to heal, Brierley was immediately transferred back to jail to recover.
In his cell, Brierley’s wound bled frequently and urinary tract infections continued. Bed rest was almost impossible.
Throughout his imprisonment, Brierley developed a fear of falling in the shower, as the facilities had no hand railings or non-slip tiles. He chose to shower just once every 10 days because of his unsteadiness. Brierley had a moderate degree of vascular dementia and heart disease prior to his imprisonment.
On 28 December 2021, the stitches around Brierley’s leg wound broke down, resulting in an uncontrollable haemorrhage and emergency hospital admission. An attempt was made to admit Brierley to the Kevin Waller unit at Long Bay hospital, but the 26-bed ward was already full.
Challenging the sentence
In February 2022, the New South Wales Court of Criminal Appeal allowed Brierley’s legal team to challenge his sentence. The court was told that Brierley’s health had deteriorated since his imprisonment and the conditions under which he was incarcerated were “onerous”. Brierley was re-sentenced to 10 months jail with a four-month non-parole period. He was released from jail on 13 February 2022.
Justices Beech-Jones, Harrison and Fagan agreed that the sentencing judge, Judge Huggett (as she was then known), made no error in law when she sentenced the former Brierley to jail.
However, the Court found that there was a “striking” discrepancy between the conditions Judge Huggett had been led to believe Brierley would be subject to, and the actual conditions he faced as an 84-year-old inmate in deteriorating health at Long Bay jail.
The Court found that contrary to the assurances Justice Health provided to Judge Huggett on sentence, Brierley was not assessed by any form of healthcare practitioner until 11 days after entering jail, nor had Brierley received an aged care assessment for three weeks, which was an unusually long time to wait. Ultimately, he was never admitted to an aged care facility in jail.
Their Honours found that there had been a “seriously deficient provision of welfare for a prisoner in this class” and that the evidence “supports a conclusion that Corrective Services, in conjunction with Justice Health, is not able to provide conditions of imprisonment to the reasonable standard of safety and humanity that her Honour evidently understood would be provided when the sentence was passed”.
The author’s view — Ensuring equitable care
Brierley’s case demonstrates how elderly inmates are treated within a system that does not safeguard the healthcare needs of its prisoners.
As older inmates represent an increasing percentage of the total prison population, it is likely that they will continue to receive suboptimal and inappropriate care, unless the “system” undergoes significant quality improvement.
Brierley’s case also showcases why sentencing judges should very carefully consider the relevant medical histories of older offenders, and in particular, the inability of Correctional Services and Justice Health to accurately and promptly assess and offer older inmates appropriate care.
The case serves as a wake-up call for urgent reforms to the prison system, including:
- Dedicated facilities: Increased investment in specialised facilities for elderly prisoners, equipped with appropriate medical care and support services.
- Comprehensive healthcare: Improved access to quality healthcare, including mental health services, for all prisoners, with particular attention to the needs of older inmates.
- Staff training: Training correctional officers and medical staff to understand the specific needs of elderly prisoners.
- Regular assessments: Mandatory health assessments for all elderly inmates upon entry and at regular intervals.
- Compassionate release: Consideration of compassionate release for elderly prisoners with terminal illnesses or severe, debilitating conditions.
It is imperative that steps are taken to prevent similar situations as Brierley’s from occurring in the future.
The author’s view — Ensuring equitable care
Brierley’s case demonstrates how elderly inmates are treated within a system that does not safeguard the healthcare needs of its prisoners.
As older inmates represent an increasing percentage of the total prison population, it is likely that they will continue to receive suboptimal and inappropriate care, unless the “system” undergoes significant quality improvement.
Brierley’s case also showcases why sentencing judges should very carefully consider the relevant medical histories of older offenders, and in particular, the inability of Correctional Services and Justice Health to accurately and promptly assess and offer older inmates appropriate care.
The case serves as a wake-up call for urgent reforms to the prison system, including:
- Dedicated facilities: Increased investment in specialised facilities for elderly prisoners, equipped with appropriate medical care and support services.
- Comprehensive healthcare: Improved access to quality healthcare, including mental health services, for all prisoners, with particular attention to the needs of older inmates.
- Staff training: Training correctional officers and medical staff to understand the specific needs of elderly prisoners.
- Regular assessments: Mandatory health assessments for all elderly inmates upon entry and at regular intervals.
- Compassionate release: Consideration of compassionate release for elderly prisoners with terminal illnesses or severe, debilitating conditions.
It is imperative that steps are taken to prevent similar situations as Brierley’s from occurring in the future.
