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GARTHWAITE - Justin Ross - 05/10/2015

 

Parole hearing

Under section 21(1) of the Parole Act 2002

 

Justin Ross GARTHWAITE


Hearing: 5 October 2015
  via AVL from NZPB Head Office, Wellington to  [withheld]

Members of the Board: 
      Hon. J W Gendall QC – Panel Convenor
      Mr J Thomson
      Ms G Hughes
      Ms S Pakura

 

DECISION OF THE BOARD


1. Justin Garthwaite was sentenced on the 11th of July 1997 to life imprisonment with a minimum non parole period of 14 years for the crimes of murder and rape.  His offending involves the appalling home invasion of a mature woman, who was living alone.

2. His parole eligibility date was the 20th of November 2010.  He was last seen by the Board on the 4th of November 2014 which then noted he had completed the Adult Sex Offender Treatment Programme in 2012 and had had 20 individual psychological counselling sessions.  He then had no viable release plan and did not seek parole. 

3. Since then, he has been moved from [withheld] and has recommenced one-to-one psychological treatment and counselling. He is taking medication necessary to deal with his persistent anxiety issues.  He is benefiting from work on the external grounds and although waitlisted for self care and Release to Work, these re integration issues are somewhat a way off at present.  He has no accommodation and no release proposal and was not seeking parole today. 

4. Mr Garthwaite asked that the Board support his aim to be able to undertake Release to Work. The best we can say is that that is a sentence management issue for Corrections. When prison management considers that is appropriate, it would appear to be a realistic reintegrative pathway.

5. Mr Garthwaite is in very early stages of reintegrative measures and is still undertaking rehabilitation through one-to-one counselling.  He accepts that some time should lapse before he is next seen by the Board and that is sensible.  We have told him that his victims were seen today.  They oppose release. In any event he can not a candidate for release into the Canterbury or Southland areas.

6. For the moment Mr Garthwaite is far from meeting the statutory requirement for release on parole as he is an undue risk to the safety of the community.  He will be seen in accordance with the now statutory provision, namely two years’ time, that is in the month ending 30 September 2017.

 


Hon. J W Gendall QC
Panel Convenor