New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Nathan Boulter

Hearing: 9 March 2023

at Invercargill Prison via MS Teams

Members of the Board:

Ms M More – Panel Convenor

Dr G Coyle

Mr A Spierling

Counsel:  Ms S Vidal

In Attendance:   [withheld] – Case Manager

DECISION OF THE BOARD

1. Nathan Boulter is 34, he appears on a sentence of three years two months cumulative for seven charges of threatening to kill, contravention of protection order, assault with intent to injure and causing harm by digital communication.
2. The victim of the offending was a friend of Mr Boulter’s sister, he was messaging her and he became obsessed with her.  He became aggressive and threatening, he stalked her and he threatened to kill her.  He went to the complainant’s address and he threatened his sister that he would return with a sawn-off shotgun.  On one occasion he assaulted the complainant and advised her to kill herself, and he sent her Snapchats.
3. Mr Boulter’s offending history is significant and it includes a sentence of eight years six months for unlawful sexual connection with a woman over 16 imposed in 2012.  There are convictions for other violence, kidnapping and burglary.
4. Mr Boulter has a RoC*RoI of .54689 and an ASRS of 4.  He has five weeks remaining on his sentence, he is on the Victim Notification Register and his classification is low.
5. The Parole Assessment Report said that Mr Boulter has positive behaviour, and he has said that he is determined not to do this again.
6. Mr Boulter told us that he had developed an obsession with the victim and he attributes it to mental health issues and substance abuse.  [withheld]  Mr Boulter is taking medication and he has agreed to continue working with forensics and continue taking it.
7. Mr Boulter was represented by counsel, Ms Vidal, who referred to a solid release plan, he has had a reintegration multi-disciplinary team hui that went well, and he is engaging with a psychologist on a sensitive claim on release.  Ms Vidal referred to Mr Boulter’s extensive whānau support, employment, and accommodation and support with his mother.
8. In closing Ms Vidal referred to Mr Boulter’s insight into his mental health.  He knows when he is unwell and the impact on his behaviour.
9. Mr Boulter spoke very well to the Board about the offending and the MDT meeting.  He talked about his warning signs being substance abuse and going into an intimate relationship, and how his support people can identify those.
10. The Board considers that any undue risk Mr Boulter poses can be met by way of special conditions. He will be released on parole.  We have discussed the proposed release conditions, we are imposing electronically monitored residential restrictions but for two months from release only.  We are adjusting the whereabouts condition to be that he is not to enter the West Coast as defined by a probation officer, and we are modifying the condition that he is to take medication with his consent to include the codicil that not taking the medication will not in itself be a breach of conditions.
11. Mr Boulter will be released on 29 March 2023.  With the exception of the residential restrictions which is for two months from release only, the standard and special conditions imposed will continue for six months after his statutory release date.  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) Upon release from prison, to travel directly to [withheld] and await the arrival of a probation officer and a representative from the monitoring company.

(3) To submit to electronic monitoring as directed by a probation officer in order to monitor your compliance with any conditions relating to your whereabouts.

(4) Not to enter the West Coast as defined by a probation officer in writing unless you have the prior written approval of a probation officer.

(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 purpose of maintaining the electronic monitoring equipment as directed by a probation officer.

(6) For 2 months following release, to submit to electronic monitoring as directed by a probation officer and comply with the requirements of partial residential restrictions.  To remain at your approved address between the hours of 09:00pm and 06:00 am daily, unless you have the prior written approval of a probation officer, or as permitted by section 33(4) of the Parole Act 2002.

(7) To attend appointments with a mental health provider as directed by a Probation Officer.

(8) Subject to section 15(5) of the Parole Act 2002, to take any medication prescribed by a health professional in accordance with any directions given by the health professional. Please note you will not be breaching this condition if you withdraw your consent to taking medication prescribed. But the failure to take medication may be a ground to recall you to prison if as a result you become and undue risk.

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

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

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

(12) 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.

(13) 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.

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

“Please note: you may be required to undergo a drug or alcohol test and or submit to drug or alcohol monitoring.”