DENNIS - Fletcher Christian - 12/07/2016
Under section 21(1) of the Parole Act 2002
Fletcher Christian DENNIS
Hearing: 12 July 2016 at [Withheld] via AVL at NZPB Head Office
Members of the Board:
- Ms S Pakura (Panel Convenor)
- Ms F Pimm
- Dr P Taylor
Support Persons: [Withheld]
DECISION OF THE BOARD
1. Fletcher Dennis, 24, appears today for the further consideration of parole on a sentence of three years, four months for burglary (night and day), unlawful possession of a firearm and wilful damage.
2. Mr Dennis has a worrying criminal history. His first offence occurred in 2011. There had been two earlier terms of imprisonment. Mr Dennis has offended every year since 2011 except when he was in custody.
3. The parole eligibility date is 18 August 2015. The sentence expiry date is 1 November 2017. The RoC*RoI is 0.55377. The prison classification is low.
4. Mr Dennis was supported at today’s hearing by [Withheld].
5. [Withheld] attended the hearing (counsel). Her submission was that Mr Dennis has completed his sentence plan, that he is now in Self Care and has been doing well in that unit for the past six weeks. Ms Scally went on further to say that he is in a trusted position cleaning the medical unit and by all accounts he has been doing that well. She also asserted that his accommodation was stable and [Withheld].
6. The psychological report dated 25 June 2015 assesses Mr Dennis’ risk of re-offending as high. The risks that Mr Dennis has to manage once he is back in the community are his old associates and drugs, in particular cannabis and using synthetic drugs.
7. Mr Dennis’ sentence plan is that he will be accommodated [Withheld]. He will seek employment. [Withheld] plans for him to purchase a car. We are assured that he would have transport available to ensure that he attends to his release conditions.
8. Concerns were raised today about Mr Dennis’ outstanding reparation. We ask that Community Probation investigates the commitments made [Withheld] to pay the outstanding reparation. The Board explored the circumstances surrounding the reparation payment. Mr Dennis was not able to clarify matters. We do believe that it is something that Probation needs to follow up. We will leave that in their hands.
9. Mr Dennis has done well. We note of course that there have been some issues with his behaviour but his behaviour has improved post his completion of the programme.
10. Having considered all of the circumstances we believe that Mr Dennis has reached the point where he can be released on parole. He has a safety plan and a desire to live a positive, healthy lifestyle free from drugs.
11. Taking into account the provisions of sections 7 and 28 of the Parole Act 2002, we consider that with full compliance with all of the standard and special conditions that Mr Dennis would not pose an undue risk to the safety of the community in the time he has left on his sentence.
12. The standard conditions of parole set out in section 14 of the Parole Act 2002 and the following special conditions will apply until his sentence end date.
13. In accordance with section 29B(2)(a) we are asking for the Department of Corrections to provide in December 2016 a progress report on Mr Dennis’ compliance with conditions. The Board will consider that report on receipt. If the Board has any doubt over the level of compliance, it may well require Mr Dennis to attend a hearing for which one of the special conditions will provide. All of the conditions will be reviewed at that time as part of the monitoring process.
14. We direct Mr Dennis’ release on parole on [Withheld] 2016.
15. The special conditions are as follows:
(1) If directed, to attend and complete an appropriate alcohol and drug programme to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.
(2) To attend, participate in and adhere to the rules of a maintenance group once you have completed Medium Intensity Rehabilitation Programme.
(3) To reside at [Withheld], and not to move from that address without the prior written approval of a Probation Officer.
(4) You are not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(5) Not to possess or consume alcohol or illicit drugs.
(6) To remain at your approved address between the hours of 10pm and 5am daily except with the prior written approval of a Probation Officer.
(7) To be aware that the board has called for a report from the Department of Corrections to be provided in December 2016 and if you are directed you must attend a hearing as notified to you in writing for the purpose of Parole Board monitoring of compliance with your release conditions.
Ms S Pakura