Vernon Neil BUGDEN 10/05/2023

Parole Hearing

Under section 21(1) of the Parole Act 2002

and

Conditions Hearing

Under section 18(2) (SRD) of the Parole Act 2002

Vernon Neil BUGDEN

Hearing: 10 May 2023

at Invercargill Prison via MS Teams

Members of the Board:

Ms M More – Panel Convenor

Mr P Elenio

Mr C Roberts

Counsel:  Mr H Young

In Attendance: [withheld] – Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

  1. Vernon Neil Bugden is 42, he appears on a sentence of nine years for unlawful sexual connection with a female over 16 (x3) and male rapes female over 16. Mr Bugden is subject to a final warning imposed on 30 October 2015, he has to serve his sentence without parole.  He appears today for the setting of release conditions.
  2. The victim of the violence is a woman that Mr Bugden was [withheld], the Judge’s sentencing notes set out a disturbing history of control and isolation imposed on the victim by Mr Bugden, and in November 2011 he was sentenced to two years eight months for wounding with intent to injure that victim.  A first strike warning was imposed.  It was while he was serving that sentence that this offending occurred.
  3. Mr Bugden continued to control the victim from prison, he constantly phoned her, he did not allow her to socialise with her workmates, and while he was on release to work he made her visit him.  They had consensual sex, she provided him with food and a cellphone.
  4. While on release to work Mr Bugden had an argument with the victim, he sexually assaulted her and raped her, and he told her that she had to visit him in prison more often.  She thought he threatened her children.
  5. Mr Bugden has been offending since he was 16, it includes but is not limited to;
    violence, driving offending, dishonesty, possession of an offensive weapon, making/copying/supplying objectionable publications, contravention of protection order and non‑compliance with community‑based sentences.
  6. Mr Bugden’s RoC*RoI is .76134 and his ASRS is 4.  His statutory release date is 28 July 2023.
  7. The Parole Assessment Report tells us that he disengaged with case management and declined to meet regarding preparation of the report.  There have been a number of incidents and misconducts, the most recent being 2019 when he disobeyed an order.
  8. Mr Bugden has had limited rehabilitation in prison, he completed the Dependency Treatment Programme in July 2013, he was exited from the Special Treatment Unit Programme for Adult Sex Offenders in April 2021.  He is waitlisted for individual psychological treatment.
  9. Mr Bugden does not present with any confirmed accommodation, although he was supported at the Board by [withheld], who is offering him three months accommodation and work [withheld].
  10. Mr Bugden is represented by counsel, Mr Hugo Young, who filed submissions in advance.  Mr Young said Mr Bugden accepts the proposed special conditions.  Mr Young advised us that a psychological report has been prepared for an application for an extended supervision order, there is a hearing in the District Court on 30 May 2023.
  11. Mr Bugden is not eligible for parole, we are not considering that.  We are setting his release conditions.  We have discussed the proposed conditions with counsel, Mr Bugden and his case manager.  We are advised that Mr Bugden is no longer on the Victim Notification Register, he queries the whereabouts condition not to enter Invercargill, and we are not imposing that condition.  We are imposing all other conditions as proposed.
  12. Mr Bugden has been in prison for over nine years, without any opportunity for reintegration, including guided releases, because he is subject to the three strikes law.  We have advised Mr Bugden that we consider community safety is best served, and his own safety, by the imposition of electronically monitored partial residential restrictions.  We invite the Department to confirm the address to which he will be released, and then to make an application to vary these conditions.  We would expect there to be a report pursuant to section 34(2) of the Parole Act accompanying any application to vary.
  13. Mr Bugden will be released on his statutory release date.  The standard and special conditions imposed will continue until six months after his release.
  14. The special conditions are:

(1) To reside at an 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) 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.

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

(4) 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.

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

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

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

(8) To attend a reintegration meeting as directed by a Probation Officer.

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

Ms M More

Panel Convenor