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PAKENHAM - Mark Edward - 09/06/2016

 

Parole hearing

Under section 21(2) of the Parole Act 2002


Mark Edward PAKENHAM


Hearing:   9 June 2016 at [Withheld] by AVL from the New Zealand Parole Board, Head Office

Members of the Board: 
       Judge M Behrens QC – Panel Convenor
       Mr P Elenio
       Ms F Pimm 


DECISION OF THE BOARD


1. Mark Pakenham reaches his sentence end on 16 March 2018.  He is serving six years, seven months for manslaughter and two offences of injuring with intent to injure.  This is Mr Pakenham’s fifth appearance before the Parole Board.

2. His RoC*Rol is 0.2218 and his classification is minimum. 

3. Mr Pakenham’s case is an unusual one in respect of the manslaughter conviction because of the background.  It is unnecessary for us to cover that, but suffice it to say that in the Board’s view Mr Pakenham’s decision to plead guilty to manslaughter to avoid a murder conviction and then subsequently through his sentence to deny even the manslaughter suggests a person who is dishonest.

4. The psychological report dated 18 May 2015 contained the following “While he has demonstrated an ability to utilise these skills in the highly structured environment of the [Withheld], his ability to generalise these skills to a community setting remains untested.  Furthermore, he is yet to formally address his violent offending (particularly his use of domestic violence through offence-specific treatment)” 

5. Since the last Board, Mr Pakenham has undertaken 12 treatments with a psychologist and attended a reintegration hui on 3 November 2015.  The Board has seen the treatment report.  It says that it was difficult to complete a thorough offence map of Mr Pakenham’s index offence due to his denial and disagreement with official documentation.  Apparently, an offence map was created based on his account of his offending.  The treating psychologist also examined his previous violent offending to identify patterns and to identify high risk situations.  These are enumerated in the report.  It goes on to say that Mr Pakenham was able to identify current management strategies for each of these situations. 

6. To that extent the Board accepts that there has been offence-specific treatment related to his violent offending.   That to us was possibly the obstruction to his being released. 

7. Whatever the Board may feel about Mr Pakenham’s dishonesty around his index offending we accept that his violent offending has now been addressed in part as above described and because of this he is no longer an undue risk of re-offending.  Accordingly, Mr Pakenham can be released on 22 June on the usual standard conditions and on the special conditions set out in the parole assessment report as amended by us.  Those conditions will operate until sentence end date which is 16 March 2018.

8. The special conditions are:
   (1) If required, undertake and complete an assessment to determine your suitability for an alcohol and drug abuse programme or relapse counselling and attend and complete any counselling or programme as deemed appropriate by that assessment.
   (2) Within 12 months from release, undertake and complete the [Withheld] programme.
   (3) Undertake and complete any other assessment, counselling or programme as directed by a probation officer.
   (4) To reside at [Withheld], and not to move from that address or stay away overnight without the prior written approval of your Probation Officer.
   (5) For three months from date of release, not to be away from your approved address between the hours of 10.00pm and 6.00am without prior written approval of your Probation Officer.
   (6) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
   (7) To immediately notify your probation officer should you enter into any form of relationship with a female partner.
   (8) You are not to have contact or otherwise associate with any family of the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
   (9) Not to possess or consume alcohol or illicit drugs.
   (10) To be aware that the board has called for a report from the Department of Corrections to be provided in October 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.

 

 

Judge M Behrens QC
Panel Convenor