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.
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.
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.
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.
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”.
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:
It is imperative that steps are taken to prevent similar situations as Brierley’s from occurring in the future.
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:
It is imperative that steps are taken to prevent similar situations as Brierley’s from occurring in the future.
We put a call out for messages from loved ones of people in prison across the country, and more than 100 people responded. We hope these brighten your day.
Including smoking being banned in WA prisons, a death in custody at Mary Hutchinson in TAS, a painkiller trial hailed as a success in QLD and more.
Nothing warms my heart more than the selflessness of good people doing good deeds for our sisters and brothers in prison.
Every year in early December, a group of volunteers come together to pack a hamper for every woman in prison in Victoria.
Help keep the momentum going. All donations will be vital in providing an essential resource for people in prison and their loved ones.
All donations of $2 or more are tax deductible. If you would like to pay directly into our bank account to avoid the processing fee, please contact donate@abouttime.org.au. ABN 67 667 331 106.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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