New Zealand Parole Board -

Application for recall

Under section 60(2) of the Parole Act 2002

between

[withheld]

Applicant

and

Tyson DANIELS

Respondent

Hearing: 29 June 2023

at Spring Hill Corrections Facility

via MS Teams

Members of the Board:

Ms S. Bailey – Panel Convenor

Dr G. Coyle

Ms C. Tiumalu

Counsel: Ms M. Dyhrberg for Respondent

Mr R. Jensen for Applicant

Attendees: [withheld] – Probation Officer

[withheld] – Service Manager

DECISION OF THE BOARD

1. Tyson Daniels appears before the Board for a recall hearing.  Mr Daniels is serving a sentence of four years and 11 months imprisonment after convictions were entered for money laundering, participating in organised criminal group activity and an assault.  Essentially Mr Daniels was overseeing a gang’s operations and directed much of the criminal activity.
2. Mr Daniels was released on 22^nd August last year.  He took part in a progress hearing on 15^th February of this year and was scheduled for a second progress hearing in July.  The interim  recall order, however, has intervened.
3. At the previous progress hearing the Board had some concerns about Mr Daniels’ behaviour.  Further, at that hearing there was consideration as to whether to recall him to prison or not because of those concerns.  Specifically, those concerns at the time were his apparent luxurious lifestyle notwithstanding his lack of obvious income, his superficial engagement with Probation and his ongoing associations with gang members.  On a finely balanced decision the Board determined to allow Mr Daniels an opportunity to continue in the community.  However, it was clear that the previous Board put Mr Daniels on notice in respect of any further breaches or allegations of non‑compliance.
4. An interim recall order was made on 8^th June just gone.  This was based on his alleged activities while in the community.  Specifically, the police informed Corrections that after Mr Daniels’ release on 22^nd August 2022 he had been in constant phone contact with another gang member.  Effectively that contact had started the day after his release and police records note that it had continued almost on a daily basis.  Further, the police notified Corrections that Mr Daniels was found in possession of a very large quantity of money at the time of his recent arrest, no explanation given.
5. This reflects behaviour that the progress Board had previously noted and had real concerns about.  Mr Daniels is facing charges of breach of release condition and failing to meet his obligations with respect to a police request.
6. Mr Daniels’ lawyer, Ms Dyhrberg, was present today and made brief verbal submissions.  She told the Board that Mr Daniels was not in a position to oppose the recall application.  [withheld]
7. Mr Daniels was also asked to clarify his position with respect to the recall hearing.  He said he had no opposition to the recall.  He was not prepared to enlighten the Board in way of explanation as to how he found himself back in the prison environment.  He did tell the Board, however, that he would like to be readmitted to parole to get back to his family and he was disappointed with himself for the position he now found himself in.
8. The affidavit filed by his Probation Officer is a reasonably comprehensive one and clearly outlines Probation’s concerns.  The Department lawyer was present today and had filed a brief memo supporting the Probation Officer’s affidavit, concluding that the grounds for recall had been made out.  This was in particular reference to Mr Daniels re-engaging with his associates and the significant amount of money that he had been found with.
9. On the information before the Board today the grounds for a recall order are made out. Mr Daniel’s is an undue risk considering the breach of conditions and continuing, concerning behaviour in the community.  Mr Daniels will be recalled and he will be seen again in three months, that is during September this year, for a further consideration of parole.