New Zealand Parole Board -

Parole Hearing

Under section 21(1) of the Parole Act 2002

Tyreese Stuart FLEMING

Hearing: 3 May 2023

at Christchurch Mens Prison via MS TEAMS

Members of the Board:

Martha Coleman

Lawrence Tawera

Materoa Dodd

Counsel:  Leticia Glover

In Attendance: [withheld] – Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Tyreese Stuart Fleming, who is 20, appeared before the Board today for the first consideration of parole on a two year six month sentence for five counts of dangerous driving causing death.
2. Three days after gaining his restricted licence Mr Fleming purchased two boxes of RTDs, some of which he consumed.  He took five passengers in his car including one in the boot.  He was speeding, lost control and the car collided with a concrete pole.  All passengers other than Mr Fleming were killed instantly.  Mr Fleming was originally charged with manslaughter but this was downgraded to dangerous driving causing death to which he pleaded guilty.
3. Mr Fleming’s statutory release date is 28 December 2024.
4. Mr Fleming resides in the Youth Unit at Christchurch Men’s Prison.  He is said to engage positively in all the programmes and activities in the unit. [withheld]
5. [withheld]  The PCO said his behaviour in the unit was unsettled at first, reflecting his impulsivity and immaturity, but he has now settled down.  They worked on a plan together which Mr Fleming is now engaged in.  That plan includes him speaking up about what is happening.
6. Mr Fleming has been assessed as posing a low risk of further offending.  For that reason, he is not suited to the youth programme.  However, given the seriousness of the offending, he was scheduled for a brief psychological intervention to complete a safety plan.
7. Mr Fleming submitted a copy of the safety plan to the Board for today’s hearing.  We note it is focused around a release to [withheld].  At the point he was preparing the plan Mr Fleming was unaware that release to reside with [withheld] would not be approved for victim reasons, meaning there is a need for it to be modified to reflect his new circumstances.  The Board also considers that it needs to also deal with how he can manage peer pressure.  [withheld].  As the report acknowledges, due to the wide public knowledge and interest in his original offending, as well as his age and vulnerability, a high level of support is going to be required for Mr Fleming on release.  He needs to have a safety plan that is effective as well.
8. Prior to the hearing the Board met with three families of Mr Fleming’s victims.  A number of points raised by the families were advised to Mr Fleming today and his responses are included in this decision.
9. We explained to Mr Fleming that it was the clear view of all we spoke to that Mr Fleming should be serving his whole sentence.  The victims felt that if he were released today, it would represent a prison term of two months only for each of the boys that died in the car that day.  In response to that Mr Fleming said that he understands why the victims would want him to serve his whole sentence.  He also said that he understood the significance of the impact that the deaths of their son, grandson and brother would have had on them.  Mr Fleming also said that he did not intend the deaths of his friends that night although he acknowledged that his actions on that night were deliberate ones.
10. The Board also raised with him a concern that he was not truly remorseful.  [withheld].  Mr Fleming said that he will forever be sorry about what happened that day and that he feels “shit” about it.
11. The Board also put to Mr Fleming that he is considered an ongoing risk because of his risk taking, his drinking and his rule-breaking behaviour.  Mr Fleming accepted that he was a risk at the time of the offending but said that he had learnt skills to ensure that he now thinks about the consequences of his actions before taking them.  He said he will do that because he does not ever want anything like this to happen again.  He said that the incident that night has made him realise that actions do have consequences and will be mindful.  [withheld]  He also said that he has not had one drink since that night in question.
12. In terms of the ongoing emotional harm being experienced by the victims Mr Fleming said that he could imagine how upset they would still be.  He indicated a preparedness to go through a restorative justice process, which has occurred with some of the victim families, if any of the other families want to.
13. In our view there is still some work for Mr Fleming to do before he could safely be released on parole.  [withheld].  We have asked whether more age-appropriate supported accommodation could be found.  [withheld] .
14. The Board was also concerned that there was no firm plan around support to remain abstinent of substances in the community.  The Board understands from speaking with Mr Fleming today that alcohol is the main concern.  He said that he did not take drugs.  Mr Fleming’s case manager said that once an address is known then that work can start but until that time it is unclear where that support would need to be based.  Further, as we have said earlier, in our view there needs to be some strengthening of his safety plan to reflect the nature of his release, [withheld].
15. Mr Fleming spoke well to the Board today.  He has been working hard to develop skills to mitigate his risk taking behaviour and understands the importance of thinking through the consequences of his actions before he acts.  [withheld]. However, until his release and safety plans has been strengthened, the Board is of the view that he remains an undue risk and parole today is declined.
16. We were advised that [withheld] may have accommodation in September or October.  For him to take advantage of that the Board initially scheduled him to be seen again in August 2023.  That Board would consider whether in its view he can safely be released at that point.  On being advised that August is the anniversary of the deaths of these five young men, the Board has moved the next scheduled hearing to September.  Mr Fleming will be seen that month and by the end of September 2023 at the latest.