New Zealand Parole Board -

Parole hearing

Under section 21(2) of the Parole Act 2002

Stephen SMITH

Hearing: 21 February 2017 at [Withheld]

Members of the Board:

• Hon. JW Gendall QC (Chairperson of Board and Convenor)
• Judge L Bidois
• Mr B McMurray
• Dr J Skipworth

Counsel:

• [Withheld]

Support Persons:

• [Withheld]

DECISION OF THE BOARD

1. Stephen Smith is serving a life sentence imposed on 3 December 1999 for the crime of murder.  His parole eligibility date was 12 May 2009.

2. He has been released on three occasions and subject to final recall decisions twice as well as an interim recall on another occasion.

3. Since his index offending he has incurred convictions for alcohol related driving on 21 August 2014 and 2 November 2015 together with four convictions for breaching of release conditions.  It is fair to say he has not performed especially well whilst on parole.

4. He has a RoC*Rol of .71583. He has been having extensive one-to-one psychological counselling over the past year since last seen by the Board.  He has been in self-care since March 2016 and is performing well on release to work [Withheld].  He entered new release to work employment in December 2016 and is described as hard working and reliable. He has been a compliant and reliable inmate in all respects.

5. He is minimum security, has had no misconducts and four negative drug tests. He has the support of [Withheld]  in [Withheld] and [Withheld].  He has accommodation which has been approved, being [Withheld] accommodation at [Withheld].  It is said that his psychological treatment over the past year has enhanced his skills and made him more cognisant of how he intended to manage his high risk situations which essentially are around alcohol abuse.

6. We think Mr Smith has reached the stage where he meets the criteria, yet again, for release on parole. He would not be an undue risk to the safety of the community provided he faithfully complies with the release conditions.  We will add to those conditions a requirement that he be seen by the Board on a face-to-face hearing for monitoring progress in the month of October 2017.

7. Accordingly he will be released on parole on [Withheld] April 2016 on the standard conditions and the following special conditions.

8. All special conditions shall continue for a period of five years from the date of his release on parole provided, but the curfew condition will be reviewed at the time of his monitoring hearing.  At that time it would help the Board if the Probation Officer made recommendations as to the further requirement of curfew.

9. Special conditions:
(1) To attend a whānau/family hui at an approved venue within a timeframe to be determined by the Probation Officer.
(2) To attend an assessment for alcohol and drug counselling. To attend and complete appropriate community based rehabilitative programme I counselling I treatment if and as recommended by the assessment to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.
(3) To attend a Psychological assessment upon release. To attend and complete any treatment/counselling if and as recommended by the assessment to the satisfaction of your Probation Officer and programme provider.
(4) To reside at [Withheld] and not move from that address, or any subsequently approved address, without the prior written approval of a Probation Officer.
(5) Upon release from prison, travel directly to the above address and await the arrival of a Probation Officer.
(6) Not to undertake any employment unless approved, in writing, by your Probation Officer.
(7) Not to have contact or otherwise associate with the victims' family, directly or indirectly, unless you have the prior written consent of your probation officer.
(8) Not to communicate or associate with your co-offender, Jason Meads, unless you have the prior written consent of your Probation Officer.
(9) Not to possess or consume alcohol or illicit drugs or enter licensed premises other than supermarkets, without the prior written approval of the Probation Officer.
(10) To remain at the approved address between the hours of 9pm and 5am daily, unless your absence from that address has been approved in writing by a Probation Officer.
(11) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing in October 2017, to enable the Parole Board to monitor your compliance with your release conditions.

Hon. JW Gendall QC
Panel Convenor