New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Stoyan Mihaylo MILITCH

Hearing: 9 February 2018

at Whanganui Prison

Members of the Board:

• Mr N Trendle – Panel Convenor
• Mr P Elenio
• Ms S Pakura

Support Persons:

• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Stoyan Mihaylo Militch is making his first appearance before the Board on a total sentence of eight years six months’ imprisonment for manslaughter and obstructing justice.  He has three years six months remaining on that sentence with a statutory release date of 5 August 2021.  Together with two co-offenders Mr Militch went to the victim’s address in respect of an allegation that they wished to resolve.  Knives were taken by Mr Militch.  An argument turned into a fight.  The Judge recorded that Mr Militch stabbed his victim causing his death.  He was regarded as the most culpable of the offenders and that was marked by the imposition of a minimum period of imprisonment of five years.  That period expires on 24 February 2018.
2. Mr Militch was assessed by the psychologist in a report dated 13 December 2017 as posing a low to moderate risk of violent reoffending.  He has a low RoC*RoI of .23489, but the psychologist recommended an override to enable Mr Militch to attend the Medium Intensity Rehabilitation Programme (MIRP).  We understand that override has been given effect and Mr Militch is to begin the programme at the end of the month.
3. Prior to today’s hearing the Board met with family members of Mr Militch’s victim and the main points of that meeting were conveyed to Mr Militch.  He was told that his victims regard Mr Militch as the key participant in the incident that led to the death of their son.  They regard prison-based intervention as essential to address his violence. Without it he would reoffend.  They were concerned that he had displayed no remorse.  The impact of his offending remains a significant matter for Mr Valentine’s family to deal with.  When he leaves prison they expressed the view that Mr Militch should not be permitted to enter the areas of Levin, Taupo, Napier and Kapiti.
4. When given the opportunity to respond to the views of his victims Mr Militch said that he was sorry for what he had done.  He understood that he had taken the life of their son and that weighed on him, and would do so for the rest of his life.  It was never his intention to cause Mr Valentine’s death.  He acknowledged that he will not go anywhere near his victims when he leaves prison.
5. Mr Militch is presently working in the block plant and the gardens in the Self Care Units where he is presently living.  There are no issues with his conduct or compliance.  He holds a minimum security classification.  Although there is no suggestion that substance abuse contributed to his index offending, the Board questioned Mr Militch on the IDU status he incurred in December 2016.  The psychologist indicated that use of substances may have been more of a problem than Mr Militch acknowledged.  We anticipate that issue will be revisited in the course of his participation in the MIRP. We doubt that the AOD programmes will be sufficient to address his need.
6. Parole today is declined.  Mr Militch will return to the Board in 12 months, by 28 February 2019.  We support his progression through the Medium Intensity Rehabilitation Programme and the maintenance, together with any additional work that may be required to address his substance abuse, and thereafter, such reintegration activities that may be made available to him.