MAHANGA - Phillip Andre - 13/11/2015
Under section 21(1) of the Parole Act 2002
Under section 18(2) (SRD) of the Parole Act 2002
Phillip Andrew MAHANGA
Hearing: 13 November 2015 [Withheld]
Members of the Board:
Judge P Gittos QSO – Panel Convenor
Ms L Nathan
Mr S Perry
DECISION OF THE BOARD
1. Phillip Mahanga is a 35 year old man serving a sentence of three years’ imprisonment imposed upon him for manslaughter. The index offending involved his domestic partner whom he punched in the face causing her to fall and strike her head. She subsequently died of a skull fracture. It is unclear whether that was brought about through striking her head, in falling, or through the force of the blow that she sustained. He has a significant history of previous drug and dishonesty offending.
2. When he was last seen by the Parole Board on 12 June 2015 the Board commented upon the need for him to do programmes. He has since completed the Short Rehabilitation Programme in which he is reported to have engaged well and has also completed a brief alcohol and drug programme.
3. The psychologist’s report dated 2 April 2015 assesses his risk of re-offending as being moderate. He has a RoC*RoI level of 0.58071. He was represented today by [Withheld] who even though he is due for final release on 6 February submitted that we could appropriately release him on parole.
4. On the papers before us before the hearing commenced there was a question mark over availability of an approved address. However, we have been informed at the hearing that he has been approved by PARS for accommodation in [Withheld] and will be seeking work in this district. That is a sensible course for him to follow given that there is still evidently serious ill-feeling between the two families over the death of the victim which is finding expression in vituperative social media and press comments.
5. At this point the Board cannot really be confident about when a suitable address will be available for Mr Mahanga and given the pressures of the Christmas season approaching we think it realistic to forebear from enterprising upon a release on parole at this stage. Without a known and satisfactory address the risk must be seen as undue and we propose to decline parole and simply set release conditions to come into effect at sentence end date, i.e. 6 February 2016, with all conditions to prevail to six months after sentence end date. The conditions will be as follows:
(1) Undergo an assessment for a Departmental Rehabilitative Programme as directed by a Probation Officer and to complete the Departmental Rehabilitative Programme (and any associated maintenance programme) if required.
(2) As directed by a Probation Officer, to complete any appropriate treatment and/or counselling programme(s) if assessed as suitable.
(3) To attend a psychological assessment as directed by a Probation Officer and complete any treatment and/or counselling as recommended by the psychological assessment.
(4) To reside at an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer.
(5) Not to associate or otherwise have contact with the family members of the victim of your offending, or any such person named in writing by the Probation Officer, directly or indirectly, unless you have the prior written consent of a Probation Officer.
(6) Not to enter the area north of the Kaiwaka Township without the prior written approval of a Probation Office.
(7) Not to possess or consume alcohol or illicit drugs.
Judge J P Gittos QSO