Sonny CHIN 04/12/2024

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

Sonny CHIN

Hearing: 4 December 2024

at Otago Corrections Facility

Members of the Board:

Judge L Bidois

Mr L Tawera

Ms W Taumaunu

In Attendance: [withheld] - Case Manager

Media: Mr R Kidd – Otago Daily Times

Support Persons: [withheld]

DECISION OF THE BOARD

  1. Sonny Chin is for reconsideration of parole.  He is serving three years three months for sexual offending.  His SCD was 28 June 2023.  His PED was 22 April 2024, and his SRD is 22 June 2026.
  2. Mr Chin is supported by [withheld].  Mr Chin seeks a grant of parole to [withheld] address in [withheld] which has been assessed as suitable.  Mr Chin came before the Board in April.  At that time there had been no recommended referral to Psychological Services and no formal rehabilitation had been identified or delivered.  There were extensive discussions around the good life safety plan and community support.  The Board considered that his plan was inadequate, so parole was declined, and he was rescheduled for this sitting of the Board to enable him to update his sentence plan.
  3. Mr Chin has been assessed as a low-risk offender and as a result no treatment or programme has been recommended or will be provided in the prison environment.  Likewise, his low risk is such that there can be no referral to Psychological Services for any assessment or for one-on-one counselling.  The PCO says that there are no issues with his behaviour, that he is a very good unit cleaner, and he interacts well with other prisoners.
  4. Mr Chin’s offending related to his work as [withheld].  He told us that he had practised for 30 years, but as a result of these convictions, he will be retiring and will not be delivering any further services in the future.  When asked directly, Mr Chin did not deny his offending.  He accepts that he touched the victims in the manner that they described, but he says it was as part of the healing process that he was carrying out.  There was a clear lack of insight by Mr Chin in acknowledging that to touch females in their private parts, without forewarning, is not acceptable even if it is part of a [withheld] treatment regime.  Mr Chin did review his processes after being charged with these offences.  But as stated earlier, he has now retired.
  5. Mr Chin has no other convictions, hence his low risk assessment.  There is a STOP Programme in Dunedin which Mr Chin can attend to help educate him around sexual matters.  Mr Chin is motivated to undertake that STOP Programme, but will need the permission of his Probation Officer, given that the victims live in the Dunedin area.  The victim views of Mr Chin’s offending is perceived as predatory and way above or beyond any [withheld].  The effects that the offending has had on the victims has been significant and was an important factor in the sentencing process.  The Board understands the concerns, harm, trauma caused to the victims.  Mr Chin also acknowledges that he has caused harm.
  6. At the present time, Mr Chin presents as a low-risk offender where no treatment will be provided and there are no reintegration needs.  A release on parole will require him to at least attend the STOP Programme and get some counselling which will be in the community.  His family remains supportive and understand Mr Chin’s predicament and will ensure that he does not practice again.  At 67 years of age, Mr Chin is happy to retire and focus on his family.
  7. Given that background, with the implementation of stringent conditions including to attend the STOP Programme, the Board considers that any perceived risk can be mitigated, and Mr Chin will be granted parole.  Parole will be granted from 28 January 2025.  This date has been specifically chosen because there needs to be a reintegration hui, victims need to be notified and the STOP Programme needs to be arranged so that Mr Chin can start treatment as soon after release as possible.  This approach will avoid any lag where there needs to be contact with STOP, assessment undertaken, appointments made; that will need to be done between now and the release date.  Standard and special conditions will run through to sentence release date.
  8. The Special Conditions are imposed until 22 June 2026;

(1) To reside at [withheld] South Otago, or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.

(2) Not to enter Dunedin as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

(3) To submit to Electronic Monitoring as directed by a Probation Officer, in order to monitor your compliance with any conditions relating to your whereabouts.

(4) To comply with the requirements of Electronic Monitoring and provide impeded 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.

(5) 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.

(6) 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.

(7) Not to possess or use any electronic device capable of accessing the internet or social media, other than a device that has been approved in writing by a Probation Officer.

(8) 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.

(9) To attend, participate in and complete the STOP as directed by a Probation Officer

(10) Not to work unless you have the prior written approval of a Probation Officer.

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

Judge L Bidois

Panel Convenor