New Zealand Parole Board -

There is an order prohibiting publication of the name, address and occupation or identifying particulars of the offender and/or victim

Parole Hearing

Under section 21(2) of the Parole Act 2002

David Michael WITCHALL

Hearing: 10 December 2024

at Rolleston Prison via Ms Teams

Members of the Board:

Ms K Snook – Panel Convenor

Mr G Coyle

Mr A Hackney

Counsel:  Mr A Bailey

In Attendance:  [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

(1) David Witchall, 35, appeared for the further consideration of parole on a long sentence of imprisonment comprised of three sentencing occasions.  There was a sentence of nine years two months imposed on 24 February 2015 for serious sexual offending against five young female victims.  There was then a cumulative term of imprisonment of two months imposed for common assault in prison in May 2015.  More recently, there was a further cumulative term of imprisonment of one year seven months imposed for injuring with intent to injure, also in prison in March 2022.  That last sentence was imposed on 3 November 2023.

(2) Mr Witchall has a RoC*RoI of 0.85128, an ASRS score of 5, and he is currently on a low/medium prison security classification. He has a statutory release date of 15 June 2025.

(3) Mr Witchall saw the Board last on 19 December 2023. He was essentially untreated at that time.  He denies the sexual offending and therefore cannot do the STU:CSO.  Violence is also an issue.  The Board supported Mr Witchall at least completing rehabilitation in relation to his violent offending.

(4) We had oral submissions from Mr Bailey who represented Mr Witchall today.  The submission was that if there was a bed available for Mr Witchall at [withheld] then Mr Witchall has now indicated that he is willing to go there.  He was initially reluctant.  However, Mr Bailey’s submission was that a release for a short period of time to that accommodation would mean that Mr Witchall no longer posed an undue risk.  He referred to the time until release, given that is most likely that Mr Witchall would not be released until January 2025.  He also referred to the restrictive oversight which would be provided by [withheld] which would make it unlike a normal community address.  Thirdly, Mr Bailey referred to the conditions which would be imposed by the Board which would further reduce risk.

(5) Mr Bailey also referred to Mr Witchall’s concern that the exclusion zones in the Christchurch region may not be appropriate. [withheld].  As noted by Mr Bailey, this is something that the Board has to be guided by the parole assessment report about.

(6) [withheld].  He has been assessed as appropriate for Intensive Reintegration Service and that is why [withheld] has been put forward.  The Case Manager told us today that he has been accepted into [withheld], but that there is currently no bed available.  It seems likely that it will not be clear when a bed will be available until one to two months out from Mr Witchall’s statutory release date.

(7) Mr Witchall remains essentially untreated.  He has begun work with the psychologist.  He told the Board today that he will have done six sessions as of tomorrow.  It is likely that the treatment will continue in the New Year.  He talked to the Board today about one high-risk situation, which is if people around him are violent then he will join in.  He was not sure about his other high-risk situations and overall, he was not sure why he is violent.  He said he is still learning techniques to manage his risk of violence and does not yet have a safety plan.

(8) Mr Witchall confirmed that he is willing now to go to [withheld].  He knows he needs help, particularly with reintegration after the long time he has spent in prison.

(9) Risk remains undue and parole is declined.  We will see Mr Witchall again in April 2025 and no later than the end of that month.  We hope that there is a confirmed bed available for him at [withheld] at that time.  We support as much psychological treatment as Mr Witchall can participate in before that next hearing.  We assume that this will continue in the community.

(10) If Mr Witchall has a safety plan he should send that to the next Board.  The next Board will then have the option of a short time on parole for Mr Witchall or will set conditions for his release at his statutory release date.

Ms K Snook

Panel Convenor