Ashley Benjamin ARNOPP 7/06/2023

Parole Hearing

Under section 21(2) of the Parole Act 2002

Ashley Benjamin ARNOPP

Hearing: 7 June 2023

at Manawatu Prison via Microsoft Teams

Members of the Board: Sir Ron Young – Chairperson

Ms W Taumaunu

Mr C Roberts

Dr J Skipworth

Counsel:                                           Mr P Murray

In Attendance:                                  [withheld] – Case Manager

Support persons:                             [withheld]

DECISION OF THE BOARD

  1. Mr Arnopp, who is 36 years of age, was sentenced to life imprisonment for murder in 2008.  His security classification is currently minimum, his RoC*RoI .73. Prior to the murder he had six pages of convictions, some 43 offences involving violence, property and drug offending and breaches, dating back to 2004.
  2. We saw Mr Arnopp substantially last in August of 2022. At that stage he had completed the STURP and the DTP and some sessions with the psychologist on a one‑to‑one basis.  He was in outer self-care. He was assessed as having a high risk of violent re-offending and a high risk of generally offending. The idea was graduated reintegration. There was some concern about the proposed release to [withheld] as to whether or not in the circumstances it was too isolated or inappropriate in terms of the particular accommodation available.
  3. As to the current position, Mr Arnopp was transferred to Manawatu Prison in September 2022. He was then working outside of the wire and subsequently was approved for release to work, and he started at the [withheld] in early April 2023.  He has been there for some 10 weeks. He has had a very good report from the work he has been doing [withheld].
  4. He had 20 sessions with a psychologist through until November 2021, which is now finished. As a result of the work that he has done he is now assessed at being a medium risk of violent re‑offending.
  5. [withheld].
  6. Having considered all of the relevant matters relating to Mr Arnopp we have decided he is no longer an undue risk and can be released.  There are some areas of concern and there will need to be a careful oversight of Mr Arnopp through Community Probation and through his support people.
  7. Firstly, we would like to acknowledge his support people and those offering him accommodation [withheld].  We consider the address will be excellent for him and a positive release.
  8. [withheld].
  9. Mr Arnopp has a safety plan. We do not think it is ideal for him. We think a simple straightforward list of his high-risk situations, starting we think with his abuse of alcohol and his violence, would be advantageous.
  10. Finally, there is the Palmerston North question and whether we should allow Mr Arnopp on release to go to Palmerston North. [withheld]. Our concern is that Mr Arnopp has a long history of offending in Palmerston North and the murder occurred in Palmerston North. [withheld]. We do think this is a potential safety issue for Mr Arnopp and we are going to prohibit him from going to Palmerston North.
  11. But we think overall with the excellent support he has, with the positive reports both from the psychologist and in the Parole Assessment Report and the very good support he has and the hard work that he has done over a significant period of time that he can now be released on parole.
  12. He will be released on 28 June 2023, to give adequate time for notification of victims.
  13. One of the very important things for Mr Arnopp as identified in the psychological report is that immediately after his release that he have a chance to meet with a psychologist and work through the kind of pressures there will inevitably be on his release.  And so we urge Community Probation to arrange for contact between Mr Arnopp and a psychologist on release.
  14. The special conditions which we will set out are to be all for life, but we will review the period of time they last for at the monitoring hearing. We will hold the monitoring hearing in October 2023. The special conditions set out in the Parole Assessment Report are all imposed. We will, however, add to the whereabouts condition prohibiting him from going to Mangere, Napier, and Palmerston North. As we have said, we will review those prohibitions at the monitoring hearing.
  15. The special conditions are:

(1) To comply with the requirements of partial residential restrictions. You must be at [withheld] between the hours of 10:00pm and 6:00am daily unless: To seek urgent medical or dental treatment; To avoid or minimise a serious risk of death or injury to you or any other person; For humanitarian reasons approved by a probation officer; or you have the prior written approval of a probation officer.

(2) Upon expiry of the residential restrictions condition, you must reside at an address approved in writing by a Probation Officer.

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

(4) To submit to electronic monitoring as directed by a probation officer, in order to monitor your compliance with any conditions relating to your residential restrictions.

(5) 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 purposes of maintaining the electronic monitoring equipment as directed by a Probation Officer.

(6) Not to enter the Bay of Plenty region, Mangere, Napier & Palmerston North as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

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

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

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

(11) To attend an assessment for a departmental programme/maintenance group, and attend, participate in and adhere to the rules of the programme/maintenance group as directed by a Probation Officer.

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

(13) Not to communicate or associate with your co-offender [withheld] directly or indirectly, unless you have the prior written approval of a Probation Officer.

(14) 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.”

Sir Ron Young

Chairperson