New Zealand Parole Board -

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

Brayden WINDLEY

Hearing: 3 February 2017 at [Withheld]

Members of the Board:

• Judge P Gittos QSO – Panel Convenor
• Dr P Taylor
• Ms F Pimm

Support People:

• [Withheld]
• [Withheld]
• [Withheld]

DECISION OF THE BOARD

1. Brayden Windley is a 26 year old man serving a sentence of five years’ imprisonment having been convicted of manslaughter and obstructing or perverting the course of justice.  The index offending related to a deplorable episode when he went with two
co-offenders to the victim’s house to ventilate some minor grievance.  Some scuffling broke out and one of the co-offenders who had taken a knife with him stabbed the victim, who was not the focus of the intruder’s animus but was acting to try to protect somebody else and in the result he was fatally wounded.  Prior to the index offending, Mr Windley had a limited history of burglary, driving offences, breach and domestic assault.  He acknowledges to having been a drug user at the time of the offending.

2. When he was last before the Board on 13 July, the Board noted that he had completed all his programmes in his sentence plan, namely the [Withheld] and [Withheld] programmes, but felt that he needed a period of consolidation.

3. As he appears before us, Mr Windley shows a good grasp of the learnings which he has picked up in the rehabilitative programmes and displayed evidently candid remorse and insight into his offending.  He was supported by his [Withheld] who spoke on his behalf and spoke with some feeling as to the changes that they had observed in him.  Mr Windley appeared to us to give a candid and sincere account of himself.  He obviously has the confidence of prison staff.  He received a strong support from his PCO, who confirmed that he has a trusted position in the administration of the prison and as well as that has been working in [Withheld] at the prison and working with an [Withheld] from the [Withheld] district, with whom he has had the privilege of an escorted leave to attend [Withheld].  In the present climate where escorted leaves are virtually non-existent, the PCO informed us that Mr Windley was one of two people in the entire prison who had been entrusted with that privilege.

4. He has a good grasp of the concerns of the victims, whom we saw earlier in the week, and informs us that he does not intend ever to return to the Manawatu area where his offending occurred.  He is supported by his [Withheld] who have an established home in [Withheld] where they have been living for some 11 years and his [Withheld] was confident that he would have employment opportunities there.  It would seem that there are good prospects for Mr Windley developing a career in [Withheld].

5. Looking at the matter overall, the Board is satisfied that Mr Windley no longer presents as an undue risk and he is to be released accordingly with effect from [Withheld] February upon the following conditions, all of which are to prevail until six months after sentence end date, apart from the curfew which is to prevail until three months after his release date.

(1) To attend and complete an appropriate alcohol and drug programme, including maintenance, to the satisfaction of your Probation Officer and programme provider.
(2) To attend, participate in and adhere to the rules of a [Withheld] maintenance group.
(3) To attend and complete an appropriate programme to address offending needs to the satisfaction of your Probation Officer and programme provider. Details of the appropriate programme to be determined by your Probation Officer.
(4) To reside at [Withheld] and not to move from that address without the prior written approval of a Probation Officer.
(5) From [Withheld] February 2017 to 13 May 2017 you are not to stay away overnight from your approved residence between the hours of 10:00pm and 6:00am, without prior written approval of a Probation Officer.
(6) Not to travel south of Taupo without the prior written approval of a Probation Officer.
(7) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(8) You are not to have contact or otherwise associate with any victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(9) Not to communicate or associate with the co-offenders of your offending, unless you have the prior written consent of your Probation Officer.
(10) Take, with your consent, prescription medication as prescribed by your General Practitioner in accordance with any directions given.