New Zealand Parole Board -

Parole Hearing
Under section 21(2) of the Parole Act 2002

Andrew POPO

Hearing: 14 November 2016 at [Withheld]

Members of the Board:

• Mr N Trendle – Panel Convenor
• Dr P Taylor
• Ms P Rose

Counsel:

• [Withheld]

Support Persons:

• [Withheld]
• [Withheld]

DECISION OF THE BOARD

1. Andrew Popo is coming to the end of a sentence of eight years nine months’ imprisonment for manslaughter, injuring with intent to injure, unlawfully taking a motor vehicle and disqualified driving.  He has a statutory release date of 12 April 2017.

2. Mr Popo has a 17 year history of offending with a RoC*RoI of 0.69024.  This is his sixth time in prison.  He has accumulated 54 convictions which include a number for breach of sentences or Court orders.

3. Whilst subject to this sentence, Mr Popo has successfully completed the Medium Intensity Rehabilitation Programme and the follow up maintenance.  He has also completed the Drug Treatment Unit Programme and developed a relapse prevention plan.  He subsequently moved on to reintegration activities.  He has been in Self Care for the last five months.  He is on Release to Work.  There are no issues with his compliance or conduct in prison.  Mr Popo has been assessed by the psychologist as being at moderate risk of re-offending.

4. Upon release, Mr Popo has been accepted for supported accommodation through [Withheld].

5. Mr Popo’s support upon release is somewhat limited.  He has some relations in the [Withheld] area and from what he told us today, some support in the [Withheld]  region.  He contemplated a release plan based on [Withheld]  but at the time that proposal was not pursued.  He will have the support of [Withheld] from the [Withheld]  Marae.  There is an established relationship between Mr Popo and the marae and that will offer significant support upon his release.  There have been a number of risk situations identified for him.  After discussing those matters with Mr Popo and his counsel today, the Board is satisfied that they can be sufficiently mitigated by release conditions for parole to be considered.

6. [Withheld] appeared as counsel and made a number of submissions in support of Mr Popo’s release on parole.  In particular, she made submissions with respect to additional conditions raised by the Board for the management of his transition back into the community.

7. The Board has reached the view that for the final three months of his sentence, Mr Popo’s release would not pose an undue risk to the safety of the community provided he adheres to his release conditions.  Accordingly, we direct his release on parole from [Withheld] 2017.  Thereafter he will be subject to standard conditions and the special conditions set out below for a period expiring six months after his statutory release date.  The exception to that is the curfew condition which will remain in force for three months from the date of his release and then expire.

8. The special conditions have been tailored both for Mr Popo’s reintegration and to mitigate his risk of re-offending.  Through his counsel, he acknowledged is willingness to comply with all conditions.

9. Release accordingly.  Special conditions as follows.

(1) To attend, participate in and adhere to the rules of the MIRP maintenance group to the satisfaction of your Probation Officer.
(2) To attend an assessment for alcohol and drug use. To attend and complete any treatment or counselling as recommended by the assessment to the satisfaction of your Probation Officer and programme provider.
(3) To reside at [Withheld], or an address approved by a Probation Officer and not move from that address without the prior written approval of a Probation Officer.
(4) While residing in supported accommodation, to undertake, complete and abide by any rules of [Withheld]  to the satisfaction of your Probation Officer.
(5) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(6) You are not to have contact or otherwise associate with the victim of your assault, or the families of the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(7) Not to drive or have any involvement with a motor vehicle.
(8) Not to possess or consume alcohol or illicit drugs.
(9) Not to enter the areas of Johnsonville (north of the turnoffs at the top of the Ngauanga Gorge), Tawa, or Porirua.
(10) For three months from the date of your release, not to be away from your approved address between the hours of 10:00pm and 5:00am daily, unless you have the prior written consent of your Probation Officer.
(11) Not to have contact with persons known to you to associate with the Mongrel Mod (other than family members identified in writing by you to your Probation Officer, without the prior written approval of your Probation Officer.

Mr N Trendle
Panel Convenor