Allen Russell HALL 27/5/2022

Application for discharge of conditions – parole

Under section 56(1) of the Parole Act 2002

Allen Russell HALL

Applicant

Department of Corrections

Hearing: 27 May 2022

On the papers

Members of the Board:                    Sir Ron Young – Chairperson

Prof P Brinded

Dr G Coyle

Ms C Tuimalu

DECISION OF THE BOARD

  1. Allen Russell Hall was sentenced to life imprisonment for murder in 1986.  He was granted parole by the Board on 10 February 2022 on standard and special conditions.
  2. On 3 May 2022, the Supreme Court granted Mr Hall leave to bring a conviction appeal relating to his conviction for murder.  The decision of the Supreme Court notes that Crown Law did not oppose leave to appeal and conceded that the appeal should be allowed because Mr Hall suffered a miscarriage of justice.  The Crown advised the Court that they would not seek a retrial.  The matter for final resolution is to come back before the Supreme Court and that is to be heard on 8 June 2022.
  3. We now have an application through Mr Hall’s counsel for an order under Section 56 and 58 of the Parole Act 2002 to discharge his special release conditions.
  4. In our view, it would not be appropriate for the Board to grant the application ahead of the Supreme Court decision.  Although there may be a high likelihood that Mr Hall’s conviction will be quashed and he will then no longer be subject to parole, currently the Supreme Court has not made such an order.  In those circumstances, we are not prepared to grant the application.  Currently, Mr Hall’s conviction remains.
  5. If there are issues relating to Mr Hall’s travel to Wellington on 8 June 2022, to be present at the Supreme Court hearing in Wellington that in some way relate to the parole special conditions, then, of course, an urgent application to amend those conditions to allow his presence at Court on 8 June would be welcomed.

Sir Ron Young

Chairperson