New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Daniel Peter MOORE

Hearing: 16 April 2021

at Rolleston Prison

via AVL from New Zealand Parole Board Head Office

Members of the Board: Judge G F Ellis – Panel Convenor

Sir K Workman

Ms F Pimm

Attendees: (withheld) – Case Manager

(withheld)

DECISION OF THE BOARD

1. Daniel Peter Moore is serving a sentence of six years and six months’ imprisonment for rape.  He pleaded guilty on a sentence indication.  His sentence commencement date was 11 February 2019, his parole eligibility date was 23 June 2020, and his sentence expiry date is 21 October 2024.  The offending involved the opportunistic rape of a woman who had stopped at a public park to go to the toilet.  Mr Moore has no previous offending history.
2. His underlying risk factors were identified as offence-related sexual arousal, alcohol and drugs, offending‑supportive attitudes and entitlement, and relationship difficulties.
3. Mr Moore was last before the Board on 19 October 2020.  The Board noted that he had completed the Drug Treatment Programme, that he had been assessed by a psychologist as a low risk of re-offending, and thus, was not eligible for group-based treatment.  Individual psychological sessions were recommended.  The Board considered that those needed to be done in prison.  He had already done four sessions and four or five more were planned.  The Board asked for a psychological report after that treatment was completed.
4. The Parole Assessment Report now before us confirms that he completed the identified treatment and that there were no outstanding offending needs identified.  He has been offered release to work but was removed.  We understood, from the information presented today, that he has continued to work in the construction yard and there are very positive reports on his engagement there.
5. He has previously completed a Drug Treatment Programme and prepared a relapse prevention plan.  He has engaged in tertiary study through the Open Polytechnic.
6. The Board has a psychologist's report dated 22 February 2021.  That report advises that he has developed a good understanding of his offence process and an appropriate and robust safety plan.  His ASRS‑R (Sexual Recidivism) score puts him in a group at low risk of sexual re-offending.  On a consideration of static and dynamic factors the psychologist now assessed him at Level II (below average) risk of sexual re-offending.  The psychologist noted that he had developed a comprehensive safety plan which was personalised and specific and in the psychologist’s opinion, no further treatment was necessary.
7. His presentation and conduct in prison has been positive.  He is described as polite and respectful.  The attending PCO said there have been no problems with him on the unit, he shows a good work ethic in the construction yard and gets on well with others.
8. A reintegration meeting (hui) was held on 31 March 2021.  It was well‑attended with a large number of support persons and there are very positive reports of that meeting at which it is said Mr Moore demonstrated a good level of understanding of his offending factors and risk situations.
9. The Board has seen a personal submission from Mr Moore and numerous written letters of support from family, friends and others.  There is a positive treatment report available from the (withheld) team on his participation in the Drug Treatment Programme.
10. Mr Moore engaged articulately and respectfully with the Board.  He spoke well to his understanding of his offending factors and risk situations.  He spoke with understanding of the impact of his offending on the victim and said it disturbed him that he has hurt her and affected her to the extent that he recognises that he did.  He expressed deep remorse and expressed to the Board that he would be prepared to undertake a restorative justice process if and when the victim was willing to do that.   He is on the Victim Notification Register.
11. Mr Moore has an approved address at (withheld) property.  He is a qualified plumber and gas fitter, but good character would be an issue for the continuance of that sort of occupation.  Mr Moore has the ambition to be a civil engineer and wishes to pursue further education to that end.  He has a wide range of prosocial support from his (withheld), (withheld), other family and friends.
12. Mr Moore has completed the rehabilitation which was sentence planned for him to the expectation of the Board.  No further rehabilitation is planned and he is clearly on a re‑integrative pathway.  There is little by way of reintegration activity available to him but that may be because he is overqualified given his previous trade experience and qualification.
13. He is assessed as a low below average risk of re-offending, he has a very positive release proposal, and extensive personal and community support.
14. The Board is satisfied that he no longer poses an undue risk and may be released on appropriate conditions.
15. In its consideration of undue risk to the safety of the community or any person or class of persons, the Board has paid particular attention to the interests of the victim who is indeed a person who could be considered at risk from Mr Moore, at least risk of emotional trauma should she come into contact with him.  It was for that reason that the Board engaged in some detailed discussion of the proposed conditions of release including the suggested “exclusion zone,” which was proposed in the PAR.
16. This matter was discussed frankly with Mr Moore and he was open to accepting that the condition, as worded, tended to provide an exclusion zone for the victim as much as for him.  Mr Moore was open to a refinement of that condition which would specify an area within which he would be entitled to re‑engage in his reintegration activity, while at the same time, giving the victim the widest possible scope to enjoy the amenities of her own home city.
17. On that basis Mr Moore was accepting of the modified conditions that were discussed with him and he will be released.  The date of release is to be 4 May 2021.  He will be subject to standard and special conditions for a period of two years from the date of release, and the special conditions are now as set below.
18. The Standard Conditions as set out in section 14 of the Parole Act 2002 are imposed.
19. The following Special Conditions are imposed:

(1) To reside at (withheld) Christchurch, 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.

(2) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

(3) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

(4) Not to enter Otago as defined by a Probation Officer in writing, unless you have the prior written approval of a Probation Officer.

(5) Not to be out of the inclusion zone as identified on a map by a Probation Officer, unless you have the prior written approval of a Probation Officer. The inclusion zone encompasses the Christchurch suburbs of Bromley, Woolston, and east of Woolston to Sumner. The inclusion zone also permits you to attend (withheld), Christchurch.

(6) Upon release from prison, to travel directly to (withheld) and await the arrival of a Probation Officer and a representative from the monitoring company.

(7) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

(8) To attend an alcohol and drug assessment, and attend, participate in and complete any treatment or counselling directed by a Probation Officer.

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

(10) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

(11) To attend a reintegration meeting as directed by a Probation Officer.

(12) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

(13) 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.

(14) In October 2021, 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.

“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”