Parole Hearing

Under section 21(1) of the Parole Act 2002

Nikola Michael MARINOVICH

Hearing:                                            14 September 2021

at Auckland Prison via Microsoft Teams

Members of the Board:                    Sir Ron Young (Chairperson)

Ms T Sharkey

Counsel:                                            Mr A Graham

Mr R Mansfield QC

In Attendance:                                  (withheld) (Case Manager)

DECISION OF THE BOARD

1. Mr Marinovich who is 35 years of age was sentenced to three years imprisonment for possessing objectionable child pornography, copying and supplying such material. He was sentenced in September 2020. The offending occurred in 2019.
2. He has a final release date of January 2024. Mr Marinovich was sentenced to two years and seven months’ imprisonment 2013 on charges of sexual connection with a young person and two of an unlawful sexual connection with a female between 12 and 16 years. That offending occurred between 2004 and 2008.
3. This is Mr Marinovich’s first appearance before the Board today. Mr Marinovich told us that with respect to his earlier sentence in 2013, did not have any rehabilitative programmes provided by Corrections. He said that he had instructed a private psychologist and did considerable work with them, and it was on that basis he was released on parole. He said that over the years, while initially he was able to use the skills given to him by the psychologist, as time went on, that commitment deteriorated. Eventually he started using drugs and alcohol again and then eventually slipped into the use of child pornography.
4. Today counsel suggested he could be released on parole. He completed the DTP which is an important part of the circumstances which contributed to his offending. He is said to be a low risk of reoffending based on the assessment in the Parole Assessment Report. He can undertake (withheld) for follow-up for his use of drugs and alcohol, and the (withheld) programme is available. In addition, Mr Marinovich has been undertaking work with a private psychologist, again since his arrest.
5. We are satisfied that Mr Marinovich remains an undue risk and cannot be released. We are satisfied that he should undertake short intervention Child Sex Offender Treatment Programme, or indeed any sex offender treatment programme that is identified for him within prison.
6. There are now two very serious series of events where Mr Marinovich has been sentenced to a total of over six years’ prison relating to his interest in child sexuality. We consider it vital for his risk that the first part of his rehabilitation be undertaken in prison. After that rehabilitation is completed, we would then want a psychological report which we order today so that we can better understand his risk. As we have said, this offending, intermittently spanned a period of total of 15 years. His sexual interest in children has continued and understanding his risk and what rehabilitation might be necessary is we think vital.
7. We accept that Mr Marinovich is motivated to undertake his rehabilitation and we accept that he does have accommodation available. We do not have detail of that accommodation and we ask that that be provided to the Board for the next hearing. We will see him again therefore by the end of June 2022. For the reasons given we are satisfied he is an undue risk.