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

Jason Robert TREMBATH

Hearing: 13 March 2024

at Auckland South Corrections Facility

Members of the Board:

Ms K Snook – Panel Convenor

Mr C King

Ms C Tiumalu

Counsel: Mr S Mutch

In Attendance: [withheld] - Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

1. Jason Robert Trembath, 35, appeared for the further consideration of parole on a sentence         now of six years four months’ imprisonment for sexual offending.
2. Mr Trembath was originally subject to a five year four month sentence for 11 indecent assaults and one charge of making and publishing an intimate visual recording.  He was released on parole on 4 May 2021.  His time on parole was not without issue.  There was an application for recall and an interim order made in June 2021.  There was a breach of conditions as Mr Trembath had gone on Tinder.  A final recall order was not made at that time with the support of the Department.  However, there was a final recall order made on 20 March 2023.  Mr Trembath had been charged with committing an indecent act on 17 February 2023.
3. At the recall hearing on 20 March 2023 Mr Trembath denied that he had committed that offence and made up an explanation which the recall Board described as “utterly implausible”.  The recall decision refers to other allegations of troubling behaviour, including Mr Trembath failing to notify his probation officer that he was in an intimate relationship.  An additional one year term of imprisonment was imposed cumulatively on 3 August 2023 in relation to the offending on parole.
4. This means that Mr Trembath now has a RoC*Rol of 0.47451, he is on a low/medium prison security classification, and he has a statutory release date of 31 December 2024.  He has an ASRS score of 4.
5. We had written submissions from Mr Mutch, who appeared today and made oral submissions.  Mr Trembath was seeking release on parole to live with [withheld].  We were told later in the hearing that Mr Trembath plans to remain with them for the time that he is on parole and subject to conditions.  He will not be working the long hours that he was when he was on parole previously and will have the support of the psychologist, [withheld].  She has recently completed a psychological risk assessment of Mr Trembath.  Mr Trembath will engage in treatment with her on a regular basis. He sees her as someone he can discuss issues that arise for him on parole that he cannot discuss with [withheld] and his probation officer.
6. The psychological risk assessment from [withheld] is dated 8 January 2024.  Mr Trembath is assessed as at average risk of re‑offending and no further treatment appears to be recommended at least in custody.  He is said to have a comprehensive safety plan.
7. The recommendation from [withheld] is that Mr Trembath should be supported in the community to consistently implement his skills.  This should include the regular review of his safety plan.  Other support has been arranged for Mr Trembath in the community [withheld].  Mr Trembath now plans to be open and honest with his supporters, which is something that did not occur on his last release on parole.  As we said to him, he was also not honest with the Board at the time of the recall hearing.
8. We spent some time talking to Mr Trembath about what happened for him on parole and why he thinks he committed the most recent offending.  We also talked to him about his safety plan.  It appeared from what happened for Mr Trembath on parole that none of the obvious high risk situations that led to his original offending had arisen for him.  He denies substance abuse and sexual preoccupation.  He had not returned to gambling.
9. Mr Trembath said that the key issue for him was that he put his safety plan to one side and did not revisit it.  He wanted to move on as fast as he could.  He was doing well for around 18 months and then after that he began drifting off.  This involved working too hard, reducing his family time and stopping going to the gym.
10. The offending arose in a context where Mr Trembath said he was feeling restricted by his parole conditions and [withheld].  He said that is because he had gone out the night before with a friend who is not a good influence on him. They had unhealthy conversations about women.  It is, of course, concerning that this happened despite the work that Mr Trembath had completed in prison, the support that was available to him, and the protective factors in place, including the conditions of his parole.
11. There was a plan that Mr Trembath may transfer to complete the DTP in prison. The DTP has now been removed from his sentence plan as it is not recommended by [withheld].  We accept that there is no current evidence that Mr Trembath returned to alcohol and drug use in the community. He completed the DTP prior to his first release on parole as well as individual treatment with a psychologist.
12. Mr Trembath is not currently sentence planned to receive any further one-to-one treatment with a psychologist in prison.  As noted he does have the plan to engage with [withheld when he is released.
13. While it was a finely balanced decision, we are satisfied that if Mr Trembath is released on parole for the remaining eight months of his sentence, he will not pose an undue risk to the safety of the community over that timeframe. He will be released on parole on 3 April 2024 on the standard conditions and on the special conditions set out below.
14. Our view assumes strict compliance by Mr Trembath with the conditions we are imposing and an open and honest relationship with his probation officer and those who will be supporting him, [withheld].  It also assumes that Mr Trembath will remain living with [withheld].  Residential restrictions are being imposed but we are imposing an overnight curfew rather than the more limited hours sought in the Parole Assessment Report.  That is something that can be revisited at the monitoring hearing, which we are also requiring.  That monitoring hearing will be an attended hearing in August 2024.
15. We expect information in the progress report from the Probation Officer about the way in which Mr Trembath is engaging with those who are supporting him and the work he is doing with [withheld].  We also expect Mr Trembath to be still living with [withheld].  As he is subject to residential restrictions any change of address must be done by way of a variation application to the Board in any event.
16. At this time we are only imposing a special condition which will allow the Probation Officer to monitor Mr Trembath’s use of his Internet capable devices.  If any issues arise of concern that is obviously something that will be of interest to the Board at the monitoring hearing and may establish grounds for recall.
17. As there is a special condition that Mr Trembath is not to possess, use, or consume alcohol or drugs, he was advised that he can be the subject of testing in relation to his compliance with that condition.
18. The special conditions are:

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

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

(5) Upon request, to make available to a Probation Officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.

(6) 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.

(7) Not to engage in any betting or gambling either directly or indirectly.

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

(9) To comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld] between the hours of 10:00pm to 6:00am daily unless you leave the residence:

(i) to seek urgent medical or dental treatment;

(ii) to avoid or minimise a serious risk of death or injury to you or any other person;

(iii)  for humanitarian reasons approved by a Probation Officer; or

(iv)  with the prior written approval of a Probation Officer in order to:

1. comply with any special conditions;
2. seek or engage in employment; or
3. to attend training or other rehabilitative or reintegrative activities or programmes.

(10) Upon expiry of the residential restrictions condition, you must reside at an address approved in writing by a Probation Officer.

(11) Upon release from prison, to travel directly to [withheld] and await the arrival of a Probation Officer and a representative from the monitoring company.

(12) To submit to electronic monitoring as directed by a Probation Officer, in order to monitor your compliance with any conditions relating to your residential restrictions.

(13) 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 purposes of maintaining the electronic monitoring equipment as directed by a Probation Officer.

(14) In August 2024 to comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

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