New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Michael John CHILCOTT

Hearing: 13 August 2020

Spring Hill Corrections Facility

via AVL from Manukau Community Corrections

Members of the Board: Judge A Neil MacLean – Panel Convenor, Mr C Roberts, Ms P Rose

Counsel: Mr S Tait

DECISION OF THE BOARD

1. Michael John Chilcott is before the Board for the third time on a sentence of nine years nine months for wounding with intent to cause grievous bodily harm, burglary, indecent assault and other offences.  The statutory release date is 21 August 2022.  He was represented today by Mr Tait.
2. At the last Board, Mr Chilcott was told that there were a number of steps to be taken including engaging with (withhold) and getting a report from them.  There was also unease expressed about the practicalities of travel from his proposed address in (withheld) to his place of employment.
3. Until recently, there was an alternative address suggested from an uncle and aunt but they had subsequently withdrawn that approval.
4. However, to Mr Chilcott’s credit he has sorted all those matters.  We have received a very recent addendum confirming that his employer, (withheld), is not only proposing to promote him, but also to provide accommodation on-site at the place of employment.
5. There is a standing offer of full-time employment following on from the RTW.
6. There are no behavioural issues so far as the PCO is concerned.  It seems that a hui which had been planned with his parents and other professional advisers for a number of reasons was unable to proceed and the recommendation now is that that be deferred until around the time of release if that happened.
7. Mr Chilcott spoke to the Board about factors underlying the index offending which involved entry into a flat that he had been visiting including making an indecent assault on his victim.  He said that it was suppressed anger and issues from his past.  He has addressed those by seeing an ACC counsellor in 2019.
8. The addendum contains brief information about (withheld), addressing the concerns of the last Board.  The revised accommodation provision also addresses another of the concerns of the earlier Board.
9. Mr Chilcott has continued with the good progress he has been making and the Board is of the view now that he has done sufficient to warrant him being released on parole as it considers the risk could be managed by appropriate release conditions.
10. Also going for him is he has the strong ongoing support of his parents.  They live in (withheld) but his father is making plans if required to bring (withheld) to (withheld) so he could attend the hui on release.  (withheld). His (withheld) plans to live with him for the first few months following his release to help his reintegration.
11. So, Mr Chilcott will be released on parole on 2 September and he will be subject to the standard and following special conditions to run through to his sentence end date.
12. However, the curfew will be for three months from his release date of 2 September and that will be from 10.00 pm to 6.00 am.  We have added to the recommended conditions providing for a reintegration hui within one month of release.  We do not see that there are special circumstances warranting a monitoring hearing as was recommended in the PAR and we think there is no need for the employment provision as Mr Chilcott has demonstrated that of his own initiative he can make sensible arrangements there. We reminded him of the implication of the abstinence provision in terms of the ability to being tested and/or monitored if and as required.
13. You are to be released on 2 September 2020 and will run until 21 August 2022, your Special Conditions are:
14. To reside at (withheld) or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.
15. Until 1 December 2020 you are to be at your approved address between the hours of 10:00pm and 06:00am daily unless you have the prior written approval of a Probation Officer.
16. To attend appointments with a mental health provider as directed by a Probation Officer.
17. To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.
18. To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.
19. Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.
20. To attend a reintegration meeting within one month of your release as directed by a Probation Officer.
21. Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.