New Zealand Parole Board -

Parole hearing

Under section 21(2) of the Parole Act 2002

Gene Desmond HANHAM

Hearing: 5 May 2017 at [withheld]

Members of the Board:

• Mr N Trendle – Panel Convenor
• Mr D Hauraki
• Mr B McMurray

Support People:

• [withheld]
• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Gene Desmond Hanham is coming to the end of his sentence of two years four months’ imprisonment for assault with intent to commit rape, and breach of protection order.  His statutory release date is 26 July 2017.

2. [withheld]

3. Mr Hanham has denied responsibility for the offence for which he pleaded guilty before the Judge.  He rationalises it on the basis that he was offered a “plea bargain”.  He concedes to some offending against [withheld], but not that to which he pleaded guilty. The Boards, of course, is obliged to consider his risk in terms of his plea and the findings of the Court.

4. Mr Hanham has not participated in any substantive intervention while subject to the sentence.  He is presently shown as waitlisted to work with the psychologist.  Ideally that will occur before he leaves prison. He has no conduct or compliance issues.  He has been working on the [withheld] for [withheld] crew.  He is also a cleaner for the internal visits area.

5. Upon release Mr Hanham was proposing to live with his [withheld].  The address has not been assessed as suitable by Community Corrections, partly because of its remoteness.  Mr Hanham initially proposed living with an [withheld].  That proposal is no longer viable, which led to him proposing [withheld] address.

6. The parole assessment report before the Board proposes Mr Hanham be subject to GPS monitoring.  The reason for that is he will be subject a release condition that he not enter Whangarei, [Withheld].  The Board spoke with Mr Hanham about the release proposal and electronic monitoring.  It seems to us that so long as Mr Hanham is proposing to live in [withheld], electronic monitoring of the whereabouts condition is necessary.  On that basis, we haved no objection in principle to Mr Hanham living with [withheld], but we accept it will be for the probation officer to finally approve where Mr Hanham lives after further discussion with him.

7. In the absence of an approved release address at this point the Board will not direct Mr Hanham’s release on parole.  He will leave prison on his statutory release date.  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 special conditions are intended to provide for whatever rehabilitation activities Mr Hanham and his probation officer agree on, and to ensure there is no contact with his victim.  The curfew will remain in force for two months to secure Mr Hanham’s reintegration and then expire.

8. His special conditions are as follows:
(1) If directed, attend for a psychological assessment.  Attend and complete any treatment or counselling recommended by the assessment to the satisfaction of your Probation Officer.
(2) Undertake and complete any appropriate treatment or counselling as directed by your Probation Officer, to the satisfaction of your Probation Officer.
(3) To reside at an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer.
(4) For two months from the date of your release, to remain at your approved address between the hours of 10.00pm to 6.00am daily, unless you have the prior written approval of your Probation Officer.
(5) Not to enter the Whangarei District as defined in writing or on a map by your Probation Officer.
(6) To comply with the requirements of electronic monitoring, and provide access to the approved residence to the Probation Officer and representative of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.
(7) To submit to electronic monitoring in the form of Global Positioning System (GPS) technology as directed by a Probation Officer in order to monitor your compliance with the condition relating to your whereabouts and, when issued a mobile cell phone device by the Department, to carry and keep it charged and turned on at all times and to answer it for the purpose of communications with the Probation Officer.

Mr N Trendle
Panel Convenor