Johnathon Walter MIDDLETON 29/08/2024

Application for recall

Under section 60(1) of the Parole Act 2002

between

[withheld]

Delegate for The Chief Executive of the Department of Corrections 

Applicant

and

Johnathon Walter MIDDLETON

Respondent

Hearing: 29 August 2024

at Hawke’s Bay Regional Prison

via MS Teams

Members of the Board:

Alan Ritchie – Panel Convenor

SAM Perry

Mr A. Spierling

Counsel:

Mr Matthew Phelps for Respondent

Ms Megan Mitchell for Applicant

Attendees: [withheld] – Service Manager

Support People: [withheld]

DECISION OF THE BOARD

  1. The Board has concluded its consideration of an application for Jonathan Walter Middleton, 44, to be recalled from parole to prison to continue serving his life sentence for the murder of his father in 2011.
  2. This hearing is resumed from 5 August 2024 when the Board agreed to a request for an adjournment so that Mr Middleton’s counsel, Mr Phelps, could be properly instructed.
  3. This application was made by General Manager, [withheld], on delegation from the Chief Executive and supported by an affidavit from Probation Officer, [withheld].  The Department was represented by Service Manager, [withheld], along with counsel Ms Mitchell.
  4. In his submissions today, Mr Phelps has advised that Mr Middleton is accepting that he has made a series of poor decisions, [withheld].
  5. There is no longer any release address available to Mr Middleton, and, in consequence, he does not oppose the making of a final order for recall.  He does ask that the Board see him again in three months’ time.  Mr Phelps said that the new release plan was in train with Mr Middleton seeking release to the Wellington area in due course.  Mr Phelps emphasised that this is something that had been under consideration for some time.  There had been a referral for a placement at [withheld].   Mr Middleton had his first interview yesterday and he had made contact with a person from the Special Treatment Unit for Violent Offenders to secure support in the event of a release [withheld].
  6. The Board is satisfied that risk community safety is undue and a final order for recall is made.
  7. The next Board will require an updated psychological assessment report and we will schedule Mr Middleton to be seen again for the further consideration of parole in January 2025.  No assurances can be offered about the outcome of that hearing.

Alan Ritchie

Panel Convenor