New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Andrew Ronald MACMILLAN

Hearing: 27 October 2022

at Waikeria Prison via Microsoft Teams

Members of the Board: Sir R Young – Chairperson

Mr P Elenio

Ms T Sharkey

Prof P Brinded

Counsel: Mr D Allan

In Attendance:  [withheld] - Case Manager

DECISION OF THE BOARD

1. Mr MacMillan who is 56 years of age was sentenced to life imprisonment for murder in 1989.  His classification is currently minimum.
2. Prior to the murder offending Mr MacMillan had three pages of convictions including a number of drug convictions. Since the murder he has had convictions for breaches of special conditions and a conviction for possession of offensive weapon and possession of cannabis. The most recent convictions in 2020 resulted in this recall. He had a previous interim recall in July 2020.
3. We last saw him in April 2022. At that stage although he had some poor behaviour in prison in the past his more recent behaviour has significantly improved. He had completed one‑on-one counselling with a psychologist and had made good progress.  The psychologist believed then that a reintegrated process would be important including Self Care, work outside the wire and release to work.
4. [withheld] was suggested as a possible release address for Mr MacMillan but it was not supported. [withheld] was seen as an appropriate alternative.
5. As to the current position Mr MacMillan has completed all of his rehabilitative treatment. He is assessed at being low moderate risk of re‑offending.  Mr MacMillan has said that he is no longer taking medication for his anxiety because he believes it played a part in his confusion at the time of his last recall.  It may be that it was more of a case of taking an excess of his medication rather than anything else, but we acknowledge it is difficult now to know with certainty. As he said he made a series of choices that were in breach of his parole conditions ignoring his safety plan, and as a result was recalled to prison.
6. Today Mr MacMillan sought release to [withheld]. They have provided the date and the place for December 2022. We do not think the kind of oversight and support that [withheld] can provide is adequate for Mr MacMillan’s risk.  They do not have any night staff, and generally their accommodation is intended to be for those with low/ moderate reintegrative need.  Mr MacMillan is not in the category.
7. What is of significance is he has been recalled to prison for murder. He has a number of convictions on parole. He has a past history of criminal activity prior to the murder and his reintegrative need is significant. Those factors convince us that [withheld] is simply not the right accommodation for him.
8. [withheld] have been suggested as possible alternatives. They are likely to provide the kind of oversight that we think is necessary, but we do not expect enquiries to be limited to [withheld]. It may be there are other places where Mr McMillan could go that would provide the same kind of reintegrated support that we have seen in [withheld].  As we have said the level of support and oversight of [withheld] or a similar organisation would not be adequate.
9. So, in the meantime Mr MacMillan can continue on his reintegrated path which we identified earlier this year. He is about to be interviewed for release to work and once that is completed, he could undertake some release to work and further guided releases are also planned.  We will see him by the end of July 2023. In the meantime he remains an undue risk.