Luke Bradley SAVIGNY 04/09/2024

Parole Hearing

Under section 21(2) of the Parole Act 2002

and

Conditions Hearing

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

Luke Bradley SAVIGNY

Hearing: 4 September 2024

at Otago Corrections Facility via Teams

Members of the Board:

Judge J Kelly

Mr C King

Ms F Pimm

Counsel: Ms Saunderson-Warner

In Attendance:  [withheld] - Principal Case Manager

Support Persons: [withheld]

DECISION OF THE BOARD

  1. Luke Savigny, aged 29, you appear for further consideration of early release on parole.
  2. You are serving a sentence of five years seven months for manslaughter.  Your statutory release date is 6 November 2025.
  3. You last appeared before the Parole Board on 3 April 2024.  At that time, you had completed the Drug Treatment Programme and the Medium Intensity Rehabilitation Programme, and you had prepared a relapse prevention and safety plan.
  4. The Board considered it was necessary for you to have an opportunity to test yourself, for example, by working outside the wire.  You were encouraged to keep in contact with your community support people and develop any further support with the assistance of your case manager.
  5. Since then, although the opportunity to work outside the wire has not been available, you have been employed on internal grounds work, including unsupervised work, and the reports of the work you have been doing are positive.
  6. You have also had a guided release to Community Corrections in Dunedin where you had a whānau hui with [withheld], your probation officer and an education and training consultant.
  7. At that whānau hui, you identified your high-risk situations such as old associates and how those risks can be mitigated, such as having the confidence to say no to any temptations.  You spoke about your prosocial friends in the community who will support you to keep focused on your goals.  You also spoke about AOD support in the community and how you are motivated to engage with them.  [withheld] talked about recognising signs that you need support and not being afraid to talk to you about it and call your probation officer. You also talked [withheld] offering you a 90-day trial period job to work in [withheld], starting late September.
  8. We have listened to what your lawyer, Ms Saunderson-Warner, has had to say today.  She submits that you are ready to be released given the work you have done since you last appeared before the Board and the significant community support you have.
  9. We have listened to what your support people have said.  [withheld] if you are released to [withheld], that is an alcohol-free environment.  [withheld] has said she will contact your probation officer if there are any signs of you lapsing.
  10. [withheld], says he has seen good changes in you, and he is willing to support you.  He confirmed that you have an offer of employment with [withheld].
  11. You have spoken well today.  You said you have read the victim impact statements provided to the Board and you have heard what the victims have had to say in their meeting with the Board today.  You say you are remorseful and sad for what happened.  You feel for your friend’s family.  You say you cannot change what happened, but you can change yourself and that is what you have done.  You say if you are released you will stay in close contact with your support people.  You say you will stay abstinent from drugs. You want to work in [withheld]. You read out the job offer from [withheld] which says you will be subject to drug testing which is taken seriously given the nature of the work in [withheld].
  12. You also say you agree to the addition of an exclusion zone condition to prevent you from entering South Dunedin or [withheld].  You respect the victims’ wishes that you not have any contact with them.
  13. The Board notes you have an approved address for release that is suitable for EM monitoring as set out in the section 34 report.
  14. Taking all those matters into account, we are satisfied that the rehabilitation and reintegration work that you have done in prison, including your safety plan, together with the support and supervision proposed on release, means that you will not be an undue risk to the safety of the community for the remainder of the term of your sentence if you are released on parole.
  15. Further, we are satisfied that the proposed conditions, with the additional condition of a whereabouts condition that is electronically monitored not to go to South Dunedin or [withheld], are reasonably necessary and proportionate to managing the risk of further offending.
  16. Finally, we are satisfied there is a public interest in your reintegration into society as a law‑abiding citizen.
  17. You will be released on 25 September 2024.
  18. The standard and special conditions, including the whereabouts condition, apply to 6 months past your sentence end date.
  19. There is to be a progress monitoring hearing in March 2025 when your special condition of residential restrictions, including the whereabouts condition, can be reconsidered.
  20. The special conditions are:

(1) 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.

(2) Not to drive, be in possession of, or have an interest in a motor vehicle without the prior written approval of a Probation Officer.

(3) To comply with the requirements of partial residential restrictions and remain in the area defined by a Probation Officer at [withheld], Dunedin between the hours of 8pm and 7am daily unless you leave the residence:

(a) to seek urgent medical or dental treatment;

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

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

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

(i) comply with any special conditions;

(ii) seek or engage in employment; or

(iii) to attend training or other rehabilitative or reintegrative activities or programmes.

(4) 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.

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

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

(7) To comply with the requirements of electronic monitoring and provide access to the specified residence to the Probation Officer and representatives of the monitoring company, for the purpose of maintaining the electronic monitoring equipment as directed by the Probation Officer.

(8) Not to enter [withheld] or South Dunedin, as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(9) 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.

(10) To submit to electronic monitoring as directed by a probation officer, in order to monitor your compliance with any conditions relating to your whereabouts.

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

(12) In March 2025, 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.

(13) 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.

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

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

Judge J Kelly

Panel Convenor