New Zealand Parole Board -

Parole hearing

Under section 21(2) of the Parole Act 2002

Jason Craig MACKRELL

Hearing: 20 September 2016 at [Withheld]

Members of the Board:

• Hon. JW Gendall QC – Panel Convenor
• Mr L Tawera
• Dr J Skipworth

Support Persons:

• [Withheld]
• [Withheld]

DECISION OF THE BOARD

1. Jason Mackrell is serving a life sentence imposed on 23 October 1997 for crimes of rape and murder.  His parole eligibility date was 2 April 2007.

2. It is worthwhile detailing the chronology of his offending between 1995 and 1997 because it was over that period (no doubt earlier and certainly subsequently) that he suffered from a [Withheld].

3. His offending over that period commenced on 7 July 1995 when he committed the crimes of rape and attempted murder.  He was not apprehended for those crimes until 1997.  On 24 November 1995 he committed the crime of theft, for which he was sentenced on 1 February 1996.  In February 1997 he committed the crime of cultivating cannabis, for which he was sentenced on 20 February 1997.  Four days later on 24 February 1997 he committed the index crimes of murder and rape, for which he was sentenced on 23 October 1997. His appeal against conviction was dismissed as abandoned by the Court of Appeal.

4. His index offending was described as “frightening” and it was clear from the specialist’s opinion before the sentencing Judge that Mr Mackrell required very close monitoring if released.

5. He was seen by the Board on 23 September 2015 which noted he had completed the Adult Sex Offender Treatment Programme and the DTU 6 programme.  He was having one to one [Withheld] treatment, was stable on medication and minimum security at [Withheld].  Obviously he was not then a candidate for parole.

6. Since then he has been having reintegration outings since February 2016, and ongoing one to one psychological counselling.

7. While scheduled to be placed in self care, those units have not yet become available.

8. His application for Release to Work was declined on 29 June 2016. He is working well in a trusted position outside the wire.

9. Initially his aim was to be released to the [Withheld] but this was declined in February 2016.  He applied again after that time. But he has not yet been assessed or had advice as to the outcome of that application.  He initially said to us that as a consequence of that, he did not wish to be released there. So he put forward the proposal of residing in accommodation with [Withheld].  However, when we asked him about his reasons for not wishing to be released to [Withheld] he said that if [Withheld] said that they would offer him supported accommodation and admit him to their programmes then he would follow this path.

10. We do not regard his release plan at present as being adequate as he would require very close monitoring if in the community and despite the willing and loving support of [Withheld] we are far from been sure that that would be sufficient to manage his unquestioned risk. This will exist should he not continue with [Withheld].

11. We bear in mind that he was offending over a period of two years at a time when his medical condition was obviously very unstable yet his serious risk did not appear to those around him. He is a high-risk high-profile offender under forensic care with an effective [Withheld] diagnosis.

12. He does not have approved accommodation. We are not persuaded that he has reached the stage where he is eligible for release on parole as he is an undue risk to the safety of the community.  He needs careful, cautious reintegration measures which must be in a setting where there is close professional supervision of him.

13. Parole must be declined because of his undue risk.  He will be seen again the month of August 2017, at the latest before 31 August.

Hon. JW Gendall QC
Panel Convenor