New Zealand Parole Board -

 

Parole hearing

Under section 21(2) of the Parole Act 2002

 

Daniel William CRICHTON

Hearing: 11 May 2016 at [Withheld] via AVL to [Withheld]

Members of the Board: 
      Ms K Snook (Panel Convenor)
      Ms P Rose
      Ms S Pakura

DECISION OF THE BOARD

1. Daniel William Crichton, 47, appeared for further consideration of parole on a sentence of nine years and seven months’ imprisonment for possession of methamphetamine for supply and supply of methamphetamine.

2. Mr Crichton has a high static risk score of 0.849 reflecting a lengthy history of versatile offending which commenced when Mr Crichton was aged around 14.  Much of the offending has occurred in the context of Mr Crichton’s position and membership of the Black Power gang.

3. Mr Crichton has a minimum prison security classification and a sentence expiry date of 13 October 2018.

4. Mr Crichton last saw the Board on 12 January 2016.  That Board noted the completion of the DTU and the STURP.  It further noted that Mr Crichton had been accepted into [Withheld], but indicated that it was not able to properly assess Mr Crichton’s risk until it had a psychological assessment following completion of STURP. 

5. This Board now has a psychological assessment.  It is dated 5 April 2016.  That psychological assessment refers to Mr Crichton’s history of offending.  It also refers to the positive changes that have been observed in Mr Crichton on STURP and following his completion of that programme.  These are detailed in particular in paragraph 22 of the psychological report.

6. Mr Crichton is said to have shown insight, and begun to show behavioural change, on 15 of the 18 identified risk factors.  It is noted however that these are relatively recent changes and subject to lapses.  His risk remains assessed as high.  It would return to a very high assessment if he resumed his association with gangs and began to use substances.  The psychologist supports a release to [Withheld].

7. The psychologist anticipates that over the course of the [Withheld] programme, Mr Crichton would be able to give greater consideration to his long term plans (eg, a return to Auckland) and to develop a comprehensive and robust risk management and relapse prevention plan.

8. For his part Mr Crichton spoke well to the Board today.  He said that he had been expecting a representative from [Withheld] but that due to a paperwork mix up they had not been able to attend. 

9. Mr Crichton told the Board that he needs to be released to somewhere like [Withheld].  He said that in his view the longer he is answerable to the Board the better, in terms of managing his risk to community safety. 

10. Mr Crichton sees that a release to [Withheld], and to [Withheld] more generally, takes him away from some of his high risk situations, which include old associates and bad relationships. 

11. Mr Crichton told the Board that he has been visited monthly by representatives of [Withheld] and is building a good rapport with them. 

12. In terms of his association with the gang, Mr Crichton told the Board that he has been with the gang for 30 years and it is not easy to make a break.  He said that he has been able to make a clean break having moved to [Withheld].  In terms of gang associates in [Withheld] he plans on establishing his boundaries early.  He said he learnt skills on the STURP programme that allow him to be assertive without being intimidating or violent.

13. Mr Crichton told the Board that he has not focused on any real plans beyond [Withheld].  Ultimately he hopes to reside [Withheld].  One plan is to study.  He says he wishes to reconnect with his Pacific heritage. 

14. We have advice from [Withheld] that a bed is available for Mr Crichton [Withheld].  That would be on partial residential restrictions.

15. The Board is mindful of Mr Crichton’s lengthy offending history and high assessed risk, and the fact that he has two years and five months or so remaining on his sentence.  However we think that if Mr Crichton is released to [Withheld], on the conditions we will be imposing, he would not pose an undue risk to community safety. 

16. Mr Crichton has completed two intensive programmes and this, combined with gradual reintegration via the strict constraints of the [Withheld], reduces his risk below that of undue.  This, of course, assumes strict compliance by Mr Crichton with the conditions of parole and the rules [Withheld].

17. Mr Crichton will be released on [Withheld] 2016 on the standard conditions set out in section 14 of the Parole Act 2002 and on the special conditions set out below.  It is noted that these conditions include residential restrictions.  This will be between the hours of 9.30 pm and 6.45 am daily, as required by [Withheld].

18. Given the special circumstances which arise in Mr Crichton’s case, which include his high static risk and the length of time remaining on his sentence, we are of the view that it is desirable for the Board to monitor Mr Crichton’s compliance with the release conditions which we are imposing. 

19. Mr Crichton will be required to attend a monitoring hearing in November 2016.  Mr Crichton’s probation officer will be required to file a report with the Board in advance of that hearing and the Board will meet with Mr Crichton to discuss his compliance on parole.

20. All conditions will last until Mr Crichton’s sentence expiry date of 13 October 2018.

21. The special conditions are:
   (1) To attend, participate in and adhere to the rules of [Withheld] to the satisfaction of your Probation Officer and the Programme Director.
   (2) Attend for a psychological assessment. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
   (3) Before being released from prison await the arrival of a representative of the electronic monitoring company to have the tracker anklet fitted.
   (4) Upon release from prison, travel directly to [Withheld] and await the arrival of a representative of the electronic monitoring company.
   (5) From your release date, you are required to stay at the [Withheld], while subject to residential restrictions between the hours of 9.30pm - 6.45am daily unless:
     a) Absent to undertake part of [Withheld] as agreed in advance and in writing with your Probation Officer,
     b) Absent in accordance with Section 33(4) of the Parole Act 2002.
   (6) Upon completion of the [Withheld], to reside at an address approved by a Probation Officer and not to move from that address, or any subsequent approved address, without the prior written approval of a Probation Officer.
   (7) Not to possess or consume alcohol or illicit drugs.
   (8) To attend a hearing in November 2016 notified to you in writing and in accordance with any directions given by the New Zealand Parole Board to enable compliance with your release conditions to be monitored.

 

Ms K Snook
Panel Convenor