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

And

Hearing for Postponement Order

27(4)(b) of the Parole Act 2002

Johnathan Andrew SMALLBON

Hearing: 17 September 2024

On the papers

Members of the Board:

Ms K Snook – Panel Convenor

Prof P Brinded

Mr C King

DECISION OF THE BOARD

1. Johnathan Andrew Smallbon, 48, was due to appear for the consideration of parole and the making of a postponement order.  He is serving a sentence of preventive detention for serious sexual offending in both Australia and New Zealand.
2. Mr Smallbon has filed a waiver which makes his position in relation to appearing before the Board very clear.
3. The last decision of the Board is dated 30 November 2022.  Mr Smallbon waived his appearance at that hearing.  The Board indicated in its decision that Mr Smallbon requires the STU:CSO, which is the Special Treatment Unit Programme for Child Sex Offenders as well as treatment for his issues with alcohol and drugs.
4. The plan then was that the psychologist would work with Mr Smallbon to try and assist him in improving his behaviour so that he can function in prison and then review the way forward and begin his rehabilitation.
5. In terms of the current position, Mr Smallbon has not completed any treatment since that time.  He has done well in terms of his behaviour and is on a minimum prison security classification.  There is still some reactiveness referred to in the material before the Board.  He was said to be abusive to a nurse in July 2024.  He is motivated to stay in his current unit.
6. Mr Smallbon's interactions are very limited.  We are told that he only really interacts with his SCO and PCO.  He has refused contact with his case manager and has refused to participate in psychological treatment or indeed the psychological assessment for this Board.
7. We have a psychological addendum report dated 13 August 2024.  Mr Smallbon remains assessed as at high risk for violent offending and as at high risk for sexual offending.
8. The psychologist has useful recommendations.  These include that activities that support personal and daily living quality of life should be a focus for Mr Smallbon.  Supporting Mr Smallbon to engage with his case manager is seen as a very beneficial step and should be pursued.  [withheld]..
9. Over the longer-term, Mr Smallbon needs to be willing and able to engage with Psychological Services and then further responsivity work and treatment will follow.  That is currently not expected in the foreseeable future.
10. Parole is declined.  Risk remains undue.  We encourage Mr Smallbon to reconsider his approach, particularly in relation to Psychological Services.  It is very important that he re-engage with a psychologist in terms of managing his pathway forward and then hopefully participating in treatment.
11. [withheld].
12. In addition to parole, the Board was considering postponement today.  That was indicated in the previous decision of the Board and Mr Smallbon was provided with a further notice of that consideration on 20 May 2024.
13. Mr Smallbon did not appear and has not made submissions in relation to the postponement order and nor did he have legal counsel make any submissions.
14. Based on the information before us, we consider that it is appropriate to make a postponement order.  We are satisfied that in the absence of a significant change in Mr Smallbon’s circumstances he will not be suitable for release for the duration of the postponement order.  We are making a postponement order of three years’ duration.
15. Mr Smallbon will be reconsidered for parole in September 2027 and no later than the end of that month.  Mr Smallbon is advised that he can apply to the Board at any time between now and that next scheduled hearing to request consideration of parole on the grounds that there has been a significant change in his circumstances which would justify an earlier hearing.
16. We strongly encourage Mr Smallbon to appear at the next Board hearing.  It is very useful for the Board to meet with the person who is the subject of the hearing to discuss their concerns about the way forward.
17. We also ask that consideration be given to Mr Smallbon being provided with the necessary legal aid forms so that he can have a lawyer assist him at any future hearing.