Dwayne John DAVIS - 07/02/2018

Parole Hearing

Under section 21(1) of the Parole Act 2002

Dwayne John DAVIS

Hearing: 7 February 2018

at Otago Corrections Facility
via Video Conference to New Zealand Parole Board, Wellington

Members of the Board:

  • Ms M Coleman (Panel Convenor)
  • Ms S Davis
  • Ms S Driver

Counsel: Ms S Saunderson-Warner

Support Persons:

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

DECISION OF THE BOARD

  1. Dwayne John Davis, who is age 40, appeared before the Board today for the first consideration of parole on a five year sentence for an indecent act with/on a young man aged between 12 and 16 and for supplying drugs (cannabis and oxycodone) to him and to another young man.
  2. Mr Davis knew the two victims through his son.  The Judge described Mr Davis’ offending at least in relation to one of the victims as predatory and self-gratifying and also said it contained an element of grooming.
  3. This is Mr Davis’ first time in prison.  He has a statutory release date of 27 June 2021.
  4. Mr Davis was represented at today’s hearing by Ms Saunderson-Warner.  He was supported by [withheld], with whom he intends to reside on release.  He was also supported by [withheld].
  5. Ms Saunderson-Warner said that Mr Davis accepted responsibility for his offending.  He recognised that he had not as yet received any treatment for his offending and that the psychological assessment that had recently been carried out recommended that he undertake the Kia Marama Programme.  He is motivated to do so.
  6. Ms Saunderson-Warner said that there was still a question about whether in light of his mental health and his issues around a past head injury whether he would be able to complete the programme and indeed whether he would be assessed as suitable for the programme in any event.  In particular because of those added uncertainties Ms Saunderson-Warner requested that Mr Davis be seen again by the Board in 12 months’ time.  The Board is prepared to reschedule Mr Davis to be seen again in 12 months’ time.  There is no information as yet as to when Mr Davis may undertake that assessment and, for the reasons Ms Saunderson-Warner outlined, it is yet to be determined whether in fact he would embark on the programme notwithstanding that it has been identified as appropriate for him at this stage by the psychologist.
  7. Parole today is declined.  The Board will see Mr Davis in 12 months’ time. That is in February 2019 and by the end of that month at the latest.
  8. For completeness the Board records that custodial-wise there are no issues with Mr Davis.  His security classification is minimum.  He has completed a number of programmes in prison, including a literacy and numeracy programme and courses in carpentry and joinery, both of which were 15 weeks long in duration.  [withheld] who attended the hearing today confirmed that behaviour-wise there were no issues with Mr Davis.

Ms M Coleman
Panel Convenor