New Zealand Parole Board -

Hearing: 12 January 2024

at Otago Corrections Facility via MS TEAMS

Members of the Board:

Judge J H Lovell-Smith

Dr G Coyle

Mr L Tawera

Counsel: Nathan Laws

In Attendance: [withheld] - Case Manager

Support people: [withheld]

1. Nicholas Gavin Loper was sentenced to two years three months' imprisonment on a representative charge of strangulation (x2), suffocation, reckless disregard and other assaults, with reckless disregard to safety injured, assault person in a family relationship (x2). The victim of his offending was [withheld]. Mr Loper's sentence commencement date was 13 March 2023 with a parole eligibility date of 19 January 2024 and a statutory release date sentence end date of 29 August 2025. He is aged 29 years.
2. Mr Loper pleaded guilty to these charges. On 8 November 2022, he was residing with the victim. In November Mr Loper [withheld] punched the victim in her face, causing a cut to her upper lip and bruising on the right side of her mouth. At that point the victim began to take photographs to record some of the injuries she was suffering. On the same date, he attempted to take his victim's cellphone and smashed it so as to make it unusable. On 9 March, there was an argument between Mr Loper and the victim [withheld]. Mr Loper demanded money from the victim that she had in her possession and when she would not give it to him, he held her down on the floor, placed his hands around her throat so she could not breathe or answer any questions. He threatened to punch her if she did not hand over the money. Later that month when Mr Loper again was in an angry mood and began to verbally abuse the victim [withheld] he followed her, grabbed her by the throat, pushed her up against the wall, causing her to bang her head. He then threw her to the ground, lifted her head up and pushed it back into the floor striking it on the ground. She tried to escape by running outside. [withheld]. When confronted about that, Mr Loper pushed her up against a wall causing her to strike her head above the right eye, which left her with bruising and with scratch marks and marks to her neck.
3. In May, Mr Loper became upset [withheld] and an argument developed. He forcibly pushed the victim backwards on both shoulders and she fell into a wood pile beside the fireplace and fractured her neck. She was unable to move and when she asked Mr Loper to call for an ambulance he refused and ignored her. She was unable to seek any medical assistance and subsequently in September 2021, she went to a hospital, which revealed she had suffered a fracture of her neck.
4. Between March 2020 and December 2020, Mr Loper assaulted her at least five times, which included kicking her legs, throwing her to the ground and grabbing her arm, causing scratching. On December 2020, during an argument, again Mr Loper placed his hand round the victim's neck and throat and strangled her to the point she thought she was going to die. She suffered bruising to her neck and a carpet burn on her shoulder. When she communicated with Mr Loper by Facebook, his response when she said that "You're going to kill me Nick, please," was: "I really hope so one day and that would be the best gift that you've given me."
5. In July 2021 he chased the victim round the house and again got on top of her when she fell, holding her down and again covered her nose and mouth to impede her breathing. Her phone recorded some of the incident. She was heard on the recording on the phone, begging Mr Loper to stop and saying she could not breathe.
6. Mr Loper has done well in prison. He is currently residing in Self-Care with a minimum-security classification. There have only been two incidents reported. He is described as polite and respectful, and he is working outside the prison on the external grounds and there are no issues. Mr Loper is a first-time offender. He has completed the DTP. His Case Manager has submitted an override to attend the Medium Intensity Rehabilitation Programme given his low RoC*Rol. To date there has been no update as to whether he will be required to complete the MIRP prior to release.
7. His counsel's submissions to the Board are directed at Mr Loper being released on parole given his low risk, his participation in a restorative justice conference, which was very positive and the fact that he acknowledges his offending and has done all he can to address the issues which led him to behave in this way.
8. [withheld]. Mr Loper says that he did not wish to resume employment as a [withheld], as he considered it an inappropriate occupation for him and would put him at risk of further offending, given the stressors associated with it. [withheld].
9. Mr Loper referred to his safety plan that he had prepared. He said he was committed to complying with his release conditions including any Stopping Violence Programme he might be referred to. [withheld].
10. Given the nature and seriousness of this offending, the Board is requesting a psychological report as to Mr Loper's risk, rehabilitative and reintegrative needs and release conditions. Parole is therefore declined today and Mr Loper will be further considered for parole when a psychologist's report is available in May 2024 and before the end of that month.