MICHAELS - Loizos - 08/03/2018
Under section 21(2) of the Parole Act 2002
Hearing: 8 March 2018
at Tongariro Prison via AVL from New Zealand Parole Board, Wellington
Members of the Board:
- Hon J W Gendall QC (Panel Convenor)
- Assoc Prof. P Brinded
- Ms P Rose
- Mr L Comer
Counsel: Mr C Tennet
In Attendance: [withheld]
DECISION OF THE BOARD
- Loizos Michaels is serving a sentence of eight years imprisonment with a minimum non-parole period of three years and nine months, imposed on 18 December 2012. He had been found guilty of 30 charges of fraud or obtaining by deception.
- The Court of Appeal dismissed his appeal against conviction and observed that his crime involved sustained and complex fraud, which led to very significant harm to a large number of people.
- Mr Michaels’ parole eligibility date was 31 May 2015 and his sentence end date is 27 February 2019.
- He was last seen by the Board on 28 March 2017 and it is not necessary for us to repeat today the comprehensive material set out in the Board’s last decision, but in summary, Mr Michaels (with Australian history up until 2006), when in New Zealand, became a manipulative, demanding, recidivist and confident trickster. When last seen he did not have a sufficiently robust safety and release plan, and did not truly understand his risk factors.
- Since then, Mr Michaels has successfully completed the Short Motivational treatment Programme (SMP) in October 2017. He settled well at Tongariro Prison and his health and emotional outlook has improved significantly. He is currently in the Short Rehabilitation Programme (SRP), which is due to end later this month.
- His release plan has not substantially changed from that of last year. It is proposed that upon deportation to Australia, he would reside with [withheld] in [withheld]. His [withheld] reside there, or nearby. Mr Michaels has the strong emotional support of [withheld] in New Zealand and is committed to maintaining telephone contact with him, so that he has advice and wise counsel, if necessary. He expresses contrition and remorse. Although, the Board last observed that this more related to him finding himself in prison; it seems that the treatment he has undertaken over the past year has made significant change to his insight.
- Mr Michaels has 11 months to run on his sentence. We are satisfied that the risk Mr Michaels poses to the community of Australia, because it is to there he will be deported, until his sentence end date, can be satisfactorily managed over nine months following his deportation.
- Accordingly, he will be released on [withheld] May 2018 on the condition that he be released into the custody of New Zealand Immigration Service or New Zealand Police, for immediate deportation from New Zealand to Australia.
- This is the usual special condition, that he is not to return to New Zealand, which condition can only continue for six months following his sentence end date, but naturally, he is unlikely to obtain immigration clearance to return.
- The standard conditions normally applicable by law are suspended as there is no New Zealand parole jurisdiction in Australia.
- The special conditions are:
(1) To be released into the custody of the New Zealand Immigration authorities, or the New Zealand Police for deportation from New Zealand.
(2) Not to return to New Zealand for six months past sentence end date.
Hon J W Gendall QC