New Zealand Parole Board -

Parole Hearing
Under section 21(1) of the Parole Act 2002

Wayne Michael MCGRATH

Hearing: 19 October 2016 at [Withheld]

Members of the Board:

• Judge A Tompkins – Panel Convenor
• Mr G Crowley
• Ms S Pakura

DECISION OF THE BOARD

1. Wayne McGrath appears before the Parole Board having reached his parole eligibility date in respect to a five year four month term of imprisonment imposed following conviction for rape.

2. Mr McGrath commenced his sentence on 9 December 2015 following conviction after trial on one charge of sexual violation by rape dating from July 1991.  Mr McGrath has a statutory release and sentence end date of 13 May 2020.

3. The psychological assessment before the Board notes Mr McGrath’s volatile upbringing and documented problems starting in childhood, including fire lighting, “Distorting the truth,” and theft.  The report notes that Mr McGrath developed as a coping mechanism a reliance on alcohol and other drugs as a means of self-regulation, but ongoing instability in relationships and poor educational achievement continued to be features of his life.

4. The report notes that over the years, he added problem gambling to the spectrum of issues and the report notes that over time Mr McGrath’s attitude towards engaging in rehabilitative intervention has fluctuated.  That approach continues.

5. Although the report notes that Mr McGrath has completed the brief and intermediate AOD programmes earlier this year, and although he is identified to undertake the six month DTU programme, he believes he, “Has a handle on it,” and does not need that programme.

6. In addition, because he both believes the index offending did not occur and, “Cannot see himself doing what he said,” he maintains in respect to the index offending his innocence and is likely to decline the opportunity to attend a Child Sex Offender Treatment Programme.

7. The Board records that two of its members met with both Mr McGrath’s identified victim and a non-registered victim.  Both of whom expressed concerns as to his level of risk and both of whom opposed his release.  Lastly, the Board notes that Mr McGrath does not have identified accommodation, to which he might go on parole.

8. In all of those circumstances, Mr McGrath’s level of risk to the safety of the community remains undue and parole is declined.  The Board has advised Mr McGrath that when he next appears before the Board by 31 October 2017, the Board will also be considering a postponement order.

Judge A Tompkins
Panel Convenor