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FENTON - Katrina - 18/07/2012

Parole hearing
Under section 21(1) of the Parole Act 2002



Katrina FENTON



Hearing:
18 July 2012
at [Withheld] Prison

Members of the Board:
Judge P Mahony (Panel Convenor)
Prof P Brinded
Mr R Lewis
Mr R Wilson

Counsel:
[Withheld]

Supporters:
[Withheld]
[Withheld]
[Withheld]
[Withheld]

DECISION OF THE BOARD


Katrina Fenton appeared before the Board today for a further consideration of parole following a hearing on 17 February of this year.  The Board spoke of the strong progress she had made and of the comprehensive release plan placed before the Board at that stage, evidence of the strong community support which she has.

The Board however referred to an incident in mid-December involving a puff of cannabis from which it concluded that she needed ongoing testing in the community and it therefore scheduled a further hearing which has been held today.  In the intervening period, she has made up lost ground and she has maintained the high level of support referred to by the earlier Board.  We take the view that it will be very difficult to improve on the release plan which she has presented. 

She was supported at today’s hearing by [Withheld] and [Withheld] who live in [Withheld].  Her transfer to this prison was unexpected but she has used it to best advantage cementing relationships with [Withheld].  [Withheld], who with his wife, has been a long-time supporter and a couple whom she regards as family, travelled from [Withheld] to be present at today’s hearing.  He spoke of job opportunities he was able to assist in creating for her with training in computers and the potential for a career in graphic design, if that is what she would want.

Earlier this week, Board members met with members of the family of the victim of Ms Fenton’s offending and the Board has noted their concerns, discussed them and taken them into account in coming to our decision today.  We are nevertheless satisfied that Ms Fenton has reached the stage in her sentence where it is appropriate for her to be released on parole having regard to the factors which the Board must take into account and which are set out particularly in sections 7 and 28 of the Parole Act 2002. 

Accordingly, we intend to release her at this stage subject to standard and special conditions of release.  She will be released on [Withheld]  August on the standard conditions which apply for life and the following special conditions which will apply for a period of two years from the date of release.  Those conditions include the requirement that she reside at [Withheld] in [Withheld] and that she appear before the Board in six months time for a progress report. Residence in [Withheld] respects the wishes of the victim’s family that she not live in Auckland.

Special conditions are as follows:

(1)    To attend, participate in and adhere to the rules of a maintenance group to the satisfaction of your Probation Officer and group facilitator(s).
(2)    To attend and complete an appropriate alcohol and drug counselling focusing on relapse prevention to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.
(3)    Attend for a psychological assessment and then attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(4)    To reside at [Withheld], and not to move from that address without the prior written approval of a Probation Officer.
(5)    To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(6)    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.
(7)    Not to communicate or associate with any persons specified by your Probation Officer, unless you have the prior written consent of your Probation Officer.
(8)    To attend a hearing in six months notified to you in writing and in accordance with any directions given by the New Zealand Parole Board to enable the New Zealand Parole Board to monitor your compliance with your release conditions.




Judge P Mahony
Panel Convenor



Review

•    You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:

a)    Failed to comply with procedures in the Parole Act 2002; or
b)    Made an error of law; or
c)    Failed to comply with Board policy resulting in unfairness to the offender; or
d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e)    Acted without jurisdiction.

•    To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
 
•    Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.