Bryan George HUGHES - 20/11/2018

Parole Hearing

Under section 21(2) of the Parole Act 2002

Bryan George HUGHES

Hearing: 20 November 2018

at Rolleston Prison via AVL to New Zealand Parole Board, Wellington

Members of the Board:

  • Ms S Pakura – Panel Convenor
  • Mr R Gray
  • Mr A Hackney

Counsel: Ms Nabney

Support Persons:

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

DECISION OF THE BOARD

  1. Brian George Hughes, 63, appears for a further consideration of parole.  Mr Hughes is serving a sentence of 11 years’ imprisonment for serious sexual offending against [withheld].  Mr Hughes became eligible for parole on 6 July 2018.  He has a sentence release date of 3 November 2025.
  2. Mr Hughes’ sexual offending occurred over a five-year period between July 1998 and July 2003 when he was aged between 43 and 48 years old.  It is reported that the offending against [withheld] started when she was 12 years old and continued until she was 16 years old.  We understand that the offending occurred up to three times a week over a five-year period. In regard to [withheld], the sexual offending occurred on two occasions when the victim was 11 years old.
  3. This is Mr Hughes' first sentence of imprisonment.
  4. Mr Hughes was represented today by Ms Nabney.  We have written submissions from counsel.  Ms Nabney argues that Mr Hughes has completed his rehabilitative treatment, he has developed a safety plan that has been assessed by the psychologist, and he has a strong release plan.  She argues that the risk Mr Hughes presents to the safety of the community is not undue, and can be managed with appropriate conditions.
  5. The prison security classification is minimum.  The RoC*RoI is 0.04601.
  6. There are no custodial issues to note.   He has been employed as an admin cleaner.
  7. There is a psychological treatment report dated 7 November 2018.  That report records that Mr Hughes minimised the frequency and intrusiveness of his behaviour.  He described the offending as opportunistic and in turn minimised the planning involved.  Of concern, is that Mr Hughes had distorted views where he viewed one of the victims as his girlfriend.  He described he felt entitled to engage in sexual activity with her.  Mr Hughes believed at that time that the victim was happy with the attention he gave her, she enjoyed the abuse.  He considered her his girlfriend.
  8. Mr Hughes lacked insight into the offending of his second victim, [withheld].  He denied that the offending was sexually motivated.
  9. In March 2018, while imprisoned in Waikeria, Mr Hughes sought the services of a private registered psychologist, [C].  Mr Hughes completed 29 hours of offence-related intervention between March and May 2018.
  10. Today, Mr Hughes was questioned closely regarding aspects of the departmental treatment report and in particular his intellectualised understanding of his offence process.  The fact that he minimised some of the intrusive acts and his cognitive distortions.  Mr Hughes, with some prompting, was able to address those factors to the Board.
  11. We did note, however he is particularly skilled at deflecting questions that are uncomfortable.  He had to be refocused a number of times during the hearing to ensure that he addressed the specific issues the Board put to him.
  12. We note that the psychologist viewed Mr Hughes’ updated safety plan as continuing to lack warning signs related to his distorted thinking.  Mr Hughes explained that he has engaged with the psychologist recently and updated his safety plan.  We do not have a copy of that safety plan at this time.
  13. Mr Hughes has completed the Short Intervention programme.  The Departmental psychologist and [C] both have reached the view that Mr Hughes has addressed his sexual offending.  Both psychologists also have assessed his safety plan and are of the view that if he follows that plan his risks can be managed in the community.
  14. Mr Hughes’ safety plan has him being accommodated with [withheld].  He intends to undertake employment from the home.
  15. Given the interconnected nature of [withheld] underpinning Mr Hughes’ release plan, it is our view that Mr Hughes will require close monitoring.  He has demonstrated in the past that he is a skilled manipulator and deceives others close to him.
  16. We are aware that Mr Hughes has a significant period to serve on his sentence.  However taking all the factors into account, the rehabilitative treatment that he is received, the work that he is done with the psychologist, and that he has discussed his release and safety plan with his key supporters, we have reached the view that the risks Mr Hughes poses to the safety of the community is not undue, and can be managed with appropriate release conditions.
  17. Mr Hughes will be released on [withheld] December 2018.  He will be subject to the standard conditions set out in section 14 of the Parole Act and the special conditions set out below.  Mr Hughes’ special conditions will expire two years from his release date.

    Special conditions are:

    (1) Attend for a psychological assessment and attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.

    (2) To attend, participate in and complete any treatment or counselling as directed by a probation officer.

    (3) To reside at [withheld] and not to move from that address without the prior written approval of a Probation Officer.

    (4) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.

    (5) You are not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, over the age of 20 years who has previously been approved in writing by your Probation Officer, is present.

    (6) You are not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

Ms S Pakura
Panel Convenor

AMENDED DECISION OF THE BOARD - 11/03/2019

  1. The Board’s decision following the hearing of 20 November 2018 is amended to specify the period that standard conditions are to apply for, as follows;
  2. Mr Hughes will be released on [withheld] December 2018.  He will be subject to the standard conditions set out in section 14 of the Parole Act and the special conditions set out below.  Mr Hughes’ special conditions will expire two years from his release date.  The standard conditions will continue until the sentence end date.
  3. The special conditions are:

    (1) Attend for a psychological assessment and attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.

    (2) To attend, participate in and complete any treatment or counselling as directed by a probation officer.

    (3) To reside at [withheld] and not to move from that address without the prior written approval of a Probation Officer.

    (4) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.

    (5) You are not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, over the age of 20 years who has previously been approved in writing by your Probation Officer, is present.

    (6) You are not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

Ms S Pakura
Panel Convenor