New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Jache Te Manawa Kaha BROUGHTON

Hearing: 21 August 2020

at Waikeria Prison via AVL to NZPB Offices

Members of the Board: Mr N Trendle (Panel Convenor), Associate Professor P Brinded, Mr B McMurray, Mr C King

Counsel: Mr D Allan

DECISION OF THE BOARD

1. Jache Te Manawa Kaha Broughton is making his first appearance before the Board on a life sentence of imprisonment imposed on 26 March 2009 for the murder of Karen Aim and for wounding Zara Schofield with intent to cause grievous bodily harm.  He became eligible for parole on 26 July 2020.
2. Mr Broughton was 14 and a half years of age when he offended.  He has been in a youth justice facility and in prison as since.  He is currently in Te Ao Marama, the Maori Focus Unit, and since his transfer there his conduct and compliance have been good.  Earlier, however, there were a range of misconducts and negative file notes that the Board frequently encounters with very young offenders in the prison environment.
3. Mr Broughton’s first language is te reo Maori.  He appears to have thrived in Te Ao Marama and is already taking on something of a mentorship role.  He is highly skilled in Mau Rakau and we understand that he was responsible for preparing two guides to assist staff and other prisoners in the unit.
4. Mr Broughton was represented by counsel Mr Allan who acknowledged on his behalf that Mr Broughton was awaiting a placement on an intensive rehabilitation programme scheduled to begin early next year.  He requested the Board to emphasise the importance of that programme with a direction under section 21A of the Parole Act.
5. Mr Allan submitted that Mr Broughton had engaged with the psychologist four years ago and had initially prepared a safety plan.  Although reference had been made to his denial of responsibility for his offending, Mr Allan submitted that when it occurred Mr Broughton was severely intoxicated.  He was subject to alcohol induced blackouts and his memory is incomplete.  It has not allowed him to give a coherent account of what he did.  He was however highly motivated to engage in the Special Treatment Unit Rehabilitation Programme for which he is waitlisted.
6. Although he pleaded guilty to both crimes, he has provided differing accounts over the years with respect to Ms Aim’s death.  In particular, there are a number of references to Mr Broughton’s claim that “Brian” was responsible for her murder.   This issue was raised directly with him at the hearing and he was clear that was not the case.  He took full responsibility for killing Ms Aim.
7. Prior to the hearing the Board received submissions from members of Ms Aim’s family.  In accordance with the provisions of the Parole Act they were shown to Mr Broughton.  He told us that he was very sorry for his actions.  He said that he had lain awake at night thinking what he could tell the Board today but concluded the only way he could express himself was through his actions.  He was committed to change through education and completing the programmes for which is scheduled.  He outlined his goals to the Board.  So far as the future is concerned after completion of rehabilitation programmes he wished to proceed to work outside the wire and release to work.
8. The Board has a full psychological report completed in April this year.  The assessing psychologist outlined Mr Broughton’s background and his account of events around the time of his offending including his gang association, though he denied direct affiliation.  He was assessed as falling in a group of offenders who posed a very high risk of violent or general reoffending.  He had completed the Focus programme in the Youth Unit, a brief drug and alcohol programme and two extended series of psychological treatment.  At the conclusion of a very detailed assessment the psychologist recommended that the ideal pathway was for Mr Broughton to complete the Drug Treatment Programme and the Special Treatment Unit Programme.  She noted some responsivity barriers that will need to be taken into account with respect to group programmes, but no doubt they will be assessed by the programme facilitators.
9. Both counsel and Mr Broughton acknowledged the extreme offending that brought him to prison.  The Board is satisfied that the pathway identified for Mr Broughton will commence the process to allow him to address that offending.  Until it is confronted and addressed we could not be satisfied that his release would not pose an undue risk to the safety of the community.
10. The Board is of the view that Mr Broughton should have the opportunity to commence the Special Treatment Unit Rehabilitation Programme which we understand is scheduled for February 2021.  After an earlier unsuccessful start Mr Broughton has renewed his commitment to making a success of his participation on this occasion.
11. Parole is declined.  There is much work for Mr Broughton to completed. He will be rescheduled to be seen in 18 months, by 28 February 2022 for his progress to be further assessed.  We request an updating psychological addendum for that hearing assessing his progress and with recommendations as to outstanding rehabilitation or integration needs.