Chief Executive Department of Corrections v McIntosh

[2015] NZHC 999

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-409-000038 [2015] NZHC 999

CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS

v

LLOYD ALEXANDER MCINTOSH

Hearing:	12 May 2015
Appearances:	P A Currie for Applicant M Starling and L M Drummond for Respondent
Judgment:	12 May 2015

JUDGMENT OF DUNNINGHAM J

[1]      This is an application for a further extended supervision order under s 107 of the Parole Act 2002 in relation to the respondent.

[2]      The respondent is currently subject to an extended supervision order which came into effect in 2005 and was due to expire on 29 April 2015.  The filing of this application extended it to 11 June 2015.

[3]      An order has also been sought for an intensive monitoring condition to be imposed for the first 12 months of the extended supervision order under s 107IAC of the Parole Act 2002.

[4]      A health  assessor’s  report  dated 23 February 2015  has been submitted in support of the extended supervision order application and the intensive monitoring

conditions.  That report recognises that the respondent has, or has had, a pervasive

CHIEF EXECUTIVE DEPARTMENT OF CORRECTIONS v MCINTOSH [2015] NZHC 999 [12 May 2015]

pattern of serious sexual offending, including against vulnerable victims and that there is a high risk that the respondent will in future commit a relevant sexual offence after he ceases to be an eligible offender.

[5]      Counsel acting for the respondent has viewed the material filed and advised there  is  no  opposition to  either  the  10  year  extended  supervision  order  or  the intensive monitoring to  accompany it  for  the  first  year.    In  fact, he  notes  that Mr McIntosh welcomes the order as a means to provide for continuity of his support and care at the Salisbury Street Foundation.

[6]      In these circumstances I am satisfied that I am in a position to make the substantive orders sought and there is no need to make the interim supervision order which was sought as a precaution if the substantive orders were to take some time to deal with.

[7]      Accordingly, I order that:

(a)	the new extended supervision order is made and is to commence on 11 June 2015;
(b)	the extended supervision order is to be made for a period of 10 years;
(c)	an order for intensive monitoring is made for the first 12 months of the extended supervision order;
(d)	pursuant to s 107L(2A), the current special conditions are to continue for a further three months or until the New Zealand Parole Board
imposes the new special conditions.
[8]	I si	mply note that it is recorded that the applicant will, within the three month

period, apply to the New Zealand Parole Board for the special conditions.

Solicitors:

Raymond Donnelly & Co., Christchurch

M Starling, Barrister, Christchurch