Donald Mathew CAPON - 11/12/2018

Parole Hearing

Under section 21(2) of the Parole Act 2002

Donald Mathew CAPON

Hearing: 11 December 2018

at Rimutaka Prison

Members of the Board:

  • Ms T Williams Blyth – Panel Convenor
  • Mr G Crowley
  • Mr C King

DECISION OF THE BOARD

  1. Donald Mathew Capon (53) appears for consideration of parole.  He is serving a four-year six-month sentence for possession of objectionable material, distribution of objectionable publications and importing prohibited goods.
  2. Mr Capon has no previous history of criminal offending.
  3. In the prison setting he has a RoC*RoI of .09186, a prison security classification of minimum and a statutory release date of 12 January 2021.  There is approximately two years remaining on his sentence.
  4. When Mr Capon appeared in December 2017 he was waitlisted for the Short Intervention Programme for child sex offenders (SIP-CSO).  Further thought was also required regarding his release proposal.
  5. The parole assessment report advises that Mr Capon incurred a misconduct which was on 29 December 2017 for removing food from the kitchen.
  6. Mr Capon completed the SIP-CSO programme in September 2018.  He is reported as having found the programme difficult but happy with the progress that he made.  In addition to the SIP-CSO, Mr Capon has completed the brief and intermediate Alcohol and Other Drug Programme.  The proposal for release is to reside with [withheld].  The Board does not have confirmation of when a bed will be available to Mr Capon.
  7. For today’s hearing Mr Capon has provided the Board with a copy of his treatment report.  The psychologist considers that Mr Capon has addressed his sexual offending and has developed a robust safety plan.  He is deemed at low risk of sexually reoffending.
  8. Mr Capon explained the misconduct.  He removed chicken from the kitchen.  His decision to remove food was a lapse in judgement but he described being unhappy working in the kitchen.  He knew that he would lose his job as a result.  The Board questioned his decision-making and the solution he used to be removed from his job.  Mr Capon commented that in his family they were taught not to give up, so he broke the rules knowing he would be removed.
  9. Completing the SIP-CSO, he learned to identify high-risk areas and feelings and how to manage those risks and feelings.  Two high-risk areas are not taking medication and not being busy.  Two high-risk feelings were feeling worthless and high anxiety.  The strategies to address these are to stay on his medication and to understand that the feelings will not last, they will pass.  He will also use distraction and diversion as strategies including his artwork and other creative activities.
  10. Another area he addressed while on the programme was his distorted thinking.  While he was offending he considered that the victims were merely actors.  He realises that he was lying to himself and they were not actors.  Lying to himself, he thought that merely watching videos was in no way as serious as those who committed the crimes.  Seeing himself as merely a voyeur was a lie.
  11. The Judge commented that the primary motivation for his offending was the thrill of the acquisition.  This was discussed with Mr Capon.  He acknowledged that finding new objectionable material was a thrill and this was more so because it was forbidden and against the law.  Now he says he doesn’t need the thrill because the medication he is on is managing the highs and lows that he has felt.  He will continue to take his medication and will engage in other activities such as voluntary work, church and hospice activities.
  12. His support network in the community is his [withheld].  He will talk to his support network if he is feeling down.  In the past, he did not ask for help because of the shame.
  13. Another high-risk situation for Mr Capon is not being employed or having no feeling of worth.  If he is unable to engage in voluntary work then he will look at doing gardening, reading, building and walking.  He would also like to engage with a psychologist in the community.  If he can afford to pay for a psychologist then he will do that, alternatively he will engage with one through the public health system.
  14. Talking to a psychologist will assist him to develop further strategies for when he is feeling down.  It will also give him someone sensible to talk to.
  15. Mr Capon has no intention of alcohol or returning to solvent abuse.  Overall he feels that he has learned a lot and that his attitude has changed for the better.
  16. The outstanding issue for the Board is Mr Capon's accommodation.  To enable further enquiries to be made of [withheld], the hearing was adjourned.
  17. On 12 December 2018, the Board received a memorandum from Corrections.  They had been in contact with [withheld] who confirmed that they did not have any available approved accommodation.  It was possible that this would change at the end of January 2019.
  18. On 14 December 2018 Mr Capon was advised that contact had been made with [withheld] and that they do not have a bed available to him until maybe January 2019.  In the circumstances, the Board considers that Mr Capon poses an undue risk to the community and parole is declined.
  19. Given the situation, he will be seen for further consideration of parole in March 2019 and by no later than 30 March 2019.

Ms T Williams Blyth
Panel Convenor