New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Christopher Daniel SHAW

Hearing: 29 May 2018

at Whanganui Prison

via AVL from New Zealand Parole Board, Wellington

Members of the Board:

• Mr N Trendle – Panel Convenor
• Mr S Perry
• Mr R Gray

Counsel: Ms J Fyfe

Support Persons:

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

DECISION OF THE BOARD

1. Christopher Daniel Shaw is making a further appearance before the Board on a sentence totalling nine years’ one month’s imprisonment for using a firearm against a law enforcement officer, burglary, using a document, ill-treating a child and other offending.  He has seven months remaining on that sentence with a statutory release date of 5 January 2019.  Mr Shaw was released on parole on 22 February 2016 but recalled to continue serving his sentence in prison on 4 August 2016 after his release plan became no longer viable and due to the nature of his contact with two serving prisoners.  The background to the recall, and his progress since, have been detailed in the last three decisions of the Board and will not be recounted here.
2. Since Mr Shaw’s return to prison he has engaged in individual counselling with a psychologist, and a report dated 9 May 2018 sets out the results of the counselling that occurred between June 2017 and May 2018.  There were a number of goals that were addressed in counselling.  Mr Shaw took the opportunity to update his safety plan, a copy of which he provided to the Board.  His psychologist opined that the safety plan, if followed, should be a protective factor in respect of Mr Shaw’s future offending.  It was imperative that Mr Shaw abstained from the use of substances.
3. Ms Fyfe, who has previously appeared for Mr Shaw, was unable to do so, but filed written submissions in advance of the hearing in support of his release on parole.  She made reference to the support that was available to him in the community and the progress that he had made with his individual counselling.  She submitted that there had been evidence of change since Mr Shaw was recalled to prison.
4. The ultimate test for Mr Shaw will be the implementation of the skills and strategies that he told us he is now equipped with when he returns to the community.  With seven months remaining on his sentence the Board is satisfied that having regard to the support and supervision available to him in the community and the progress that Mr Shaw appears to have made with his work with the psychologist, his risk to the safety of the community can be managed by way of parole conditions.  Accordingly, we direct his release on parole on [withheld] June 2018.  Thereafter, for a period expiring six months after his statutory release date he will be subject to standard conditions and the special conditions set out below.
5. One of the special conditions requires Mr Shaw not to use, possess or consume alcohol, controlled drugs or psycho-active substances.  He will therefore be subject to the statutory drug and alcohol testing regime and may be required by a probation officer or a police officer to submit to drug and alcohol testing or monitoring at any time.
6. The Board has also imposed a condition that, if directed, Mr Shaw is to attend for a monitoring hearing.  For that purpose, the Board requests a report from his supervising probation officer in October of this year as to Mr Shaw’s compliance with his release conditions and his progress on parole, particularly with respect to the high risk situations identified in his safety plan.  If, after perusal of that report, the Board requires Mr Shaw to personally attend the hearing, he will receive the appropriate direction.  We impose that condition having regard to Mr Shaw’s history of offending, the circumstances that led to his recall to prison on this sentence and the need for a tailored framework to manage his reintegration and to mitigate his risk of further offending.  At the monitoring hearing the Board will no doubt consider the ongoing need for the condition imposing partial residential restrictions.
7. Release accordingly.  Special conditions as follows:

   (1) Attend and complete psychological treatment to the satisfaction of a probation officer.

   (2) To attend, participate in and complete any counselling, including relationship counselling, 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) Upon release from prison, to travel directly to [withheld] and await the arrival of a probation officer and a representative from the monitoring company.

   (5) To submit to electronic monitoring as directed by a probation officer and comply with the requirements of partial residential restrictions.  To remain at your approved address between the hours of 10:00pm and 5:00am daily, unless you have the prior written approval of a probation officer, or as permitted by section 33(4) of the Parole Act 2002.

   (6) To notify a probation officer prior to starting, terminating or changing your position or place of employment.

   (7) Not to have contact or otherwise associate with the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.

   (8) Not to communicate or associate with your co-offender, or Corey Hatch or Dareth Bartlett, or any person known to you to associate with the Skin Heads, directly or indirectly, unless you have the prior written approval of a probation officer.

   (9) Not to possess or have in your control any firearm or ammunition.

   (10) To disclose to a probation officer, at the earliest opportunity, details of any intimate relationship which you commence, resume, or terminate.

   (11) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

   (12) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.