New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Jason Craig MACKRELL

Hearing: 6 March 2018

at Christchurch Men’s Prison

Members of the Board:

• Hon J W Gendall QC (Panel Convenor)
• Assoc Prof. P Brinded
• Ms P Rose
• Mr L Comer

Counsel:

• Mr M Starling
• Ms L Drummond

In Attendance:

• [withheld]

Support Persons:

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

DECISION OF THE BOARD

1. Jason Mackrell was sentenced on 23 October 1997 to life imprisonment and preventive detention for murder, attempted murder, rape (x2) and unlawful sexual connection (sodomy).  The attempted murder and the first rape occurred in 1995.  The second rape, sodomy and murder occurred in 1997, he not having been convicted and dealt with for the earlier offending until all offending was disclosed in 1997. His parole eligibility date was 2 April 2007.
2. Mr Mackrell has a long history of mental disability.  He suffers from a [withheld].  He completed the Adult Sex Offender Treatment Programme (ASOTP) in 2008 and the Drug Treatment Unit (DTU) programme in 2013.  He has been [withheld], and a recent psychological report notes that he has been in Te Whare Manaaki medium secure unit, and is making good progress through his treatment for the complex medical health issues.
3. It is reported that he would benefit from transfer to an open rehabilitation unit, namely, Te Whare Mauri Ora.  This is clinically indicated to be the preferable pathway to further his treatment and rehabilitation.  Rehabilitation activities, including possible reintegration outings and work outside the wire, are indicated.  The clinical team supported “release on parole” to the open unit so that the reintegration activities and further treatment, [withheld], can continue.
4. But we are not satisfied that the statutory provisions would justify the Board releasing on parole when Mr Mackrell is an undue risk.  The fact remains that Mr Mackrell needs considerable reintegrative measures in order that his unquestionably high risk can be reduced to a level that is below “undue”.  Until that occurs, jurisdiction to release on parole does not exist.
5. It is not possible for the Board to release an offender, such as Mr Mackrell, on parole simply so that reintegration activities can then take place when the prerequisite “undue risk” criteria have not been met.  However, we endorse the proposed clinical pathway advanced by the specialist at [withheld] supporting the move to Te Whare Mauri Ora open unit.  Once there, the type and duration of reintegrative activities will be clinical decisions for the experts.  They may take up to two years, but the pathway is promising.
6. Accordingly, parole must be declined and Mr Mackrell will be seen in 12 months time, that is, in the month of February 2019, that is, before the end of 28 February.