New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Daniel Ross BLOMFIELD

Hearing: 12 October 2021

at Auckland Prison via MS Teams

Members of the Board: Judge D Mather (Panel Convenor)

Ms M Dodd

Counsel:                                            Emma Priest

In Attendance:                                  [WITHHELD] (Case Manager)

DECISION OF THE BOARD

1. Mr Blomfield is serving a sentence of three years 11 months.  He was a convicted at trial on charges of sexual connection with a young person aged 12 to 16 (two charges) and exposing a young person to indecent material or making an indecent communication.
2. The charges were all representative.  The primary victim was a 14-year-old girl [WITHHELD]. After starting this sentence, Mr Blomfield admitted the offending.  He appears to have abandoned an appeal against his sentence and turned his mind to making the best use of this time while in prison.
3. He undertook the SIP for child sex offenders, starting in August and he finished that on an individual basis last week.  He has no other offence related treatment programmes on his sentence plan.
4. He has prepared a thorough safety plan which we have seen.  He is obviously familiar with it as he was able to talk to it.  He identifies unsupervised contact with girls as a high‑risk area and accepts a parole release condition in that regard.
5. He has managed to maintain active contact with [withheld] and also with [withheld]. [WITHHELD]
6. He has an extensive range of family support.  We have seen letters from [WITHHELD].  He has been looking at work options following release.
7. A reintegration whānau hui has been planned but has not been held because of disruptions arising from the COVID‑19 epidemic.  In our view it is important that this hui take place, if at all possible, prior to his release.  There will also be a condition to provide for a hui post-release if directed.
8. A number of special release conditions are proposed, all of which Mr Blomfield accepts.  One is a whereabouts condition preventing him from associating with young people.  The Case Manager told us that the community Probation have not considered it necessary that this be electronically monitored, and we prepared to accept that.  There is a proposed curfew which will be in place for three months.
9. Mr Blomfield has a reasonably significant offending history.  It includes convictions for family violence, and he has served a prison sentence for that.   Managing his relationship with [withheld], is clearly an area that needs close oversight.  On that basis and given that Mr Blomfield's sentence expiry date is not until September 2023, we will direct a monitoring report four months after his release, in March 2022.
10. We cannot release Mr Blomfield unless satisfied that to do so would not present undue risk to the safety of the community until sentence end date which is still nearly two years away.  Regard must be had to the support and supervision available to him and the public interest in his successful reintegration.  He must not be detained in prison longer than is consistent with public safety.
11. Taking all the above matters into account we satisfied that, with a range of special conditions, no undue risk will arise if we release Mr Blomfield on parole now.
12. We direct his release on 22 November 2021.  That date has been fixed to allow for the convening of a reintegration meeting before his release.
13. He will be subject to standard release conditions until the sentence end date.  He will be subject to the following special release conditions for the same period (apart from the three-month curfew).
14. The Special Conditions are:

(1) 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.

(2) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

(3) Not to enter or loiter near any place where children under 16 are congregating unless you have the prior written approval of a Probation Officer, or unless an adult who has been approved by a Probation Officer in writing, is present.

(4) To attend, participate in and complete any programme and or counselling, including (maintenance programmes) if and as directed by a Probation Officer, to the satisfaction of the Probation Officer and programme facilitator.

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

(6) 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.

(7) From 22 November 2021 to 21 February 2022, to be at your approved address between the hours of 10:00 pm and 6:00 am, daily unless you have the prior written approval of a Probation Officer.

(8) 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.

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

(10) 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.

(11) To attend a reintegration meeting as directed by a probation officer.