Chief Executive of Department of Corrections v Palmer

[2017] NZHC 1648

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2016-225-23 [2017] NZHC 1648

CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS

v

TYRONE JOHN PALMER

Hearing:	17 and 18 July 2017
Appearances:	V Teepa on behalf of Applicant H T Young for Respondent
Judgment:	18 July 2017

JUDGMENT OF MANDER J

[1]      Community Corrections have applied pursuant to s 94 of the Sentencing Act

2002 to vary release conditions imposed on the respondent, Mr Tyrone Palmer. Mr Palmer was sentenced to 22 months imprisonment on 22 August 2016 on a charge of manslaughter.   Post-release conditions were not imposed at that time, however,  the Court  of Appeal,  on  the hearing  of Mr Palmer’s  sentence appeal, imposed the following post-release conditions:

(a)      Attend such treatment, counselling and/or programmes for alcohol and drug use as directed by the probation officer.  The provider of that treatment, counselling and/or programmes is to be determined by the probation officer.

(b)Not associate with or contact any person or persons named by the probation  officer  and  without  the  prior  written  approval  of  the

probation officer.

CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS v PALMER [2017] NZHC 1648 [18 July 2017]

[2]      Community Corrections have assessed that these special conditions of release are insufficient to manage Mr Palmer’s risk in the community.   His sentence will expire on 19 December 2018.   He is to be released this Wednesday, 19 July. Community  Corrections  is  concerned  that  Mr  Palmer  has  displayed  violent behaviour in custody, including a recent incident in May which caused injury to another inmate’s face.   Continued areas of risk on release have been identified by Community Corrections as including substance use, associates, violence propensity and attitude.  As a result of its concern regarding risks associated with Mr Palmer’s release into the community, Community Corrections have sought further special conditions in addition to those specified by the Court of Appeal.

[3]      When this matter was called yesterday, Mr Young who appeared on behalf of Mr Palmer raised concerns regarding his opportunity to discuss with his client and Mr Palmer’s  family  the  special  conditions  now  being  proposed  by  Community Corrections and the extent to which they may curb his movements.  The application was stood over until today.

[4]      Community  Corrections  and  Mr  Young  have  had  further  discussions regarding what is proposed.  As a result, the following amended special conditions are accepted by Mr Palmer without opposition.  There has been modification of the period to which Mr Palmer will be subject to electronic monitoring, and a less onerous curfew to allow Mr Palmer to fully participate in the family’s business in which he can be employed.  I am satisfied that these special conditions will assist to reduce the risk of Mr Palmer reoffending and facilitate and promote his rehabilitation and reintegration into the community.  I am also satisfied that they provide for the reasonable concerns of the victim’s family.

[5]      Accordingly,  the  following  additional  special  conditions  to  those  already

specified in Mr Palmer’s release licence are made:

(c)      For a period  of six  months  following release  to  comply with  the requirements of electronic monitoring, and provide access to the approved 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.

(d)For a period of six months following release to submit to electronic monitoring in the form of global positioning system (GPS) technology as directed by a probation officer in order to monitor your compliance with any condition(s) relating to your whereabouts.

(e)      For a period of six months following release to remain at 50 Waiau Crescent, Invercargill, between the hours of 2030-0630 unless with the prior written approval of the probation officer.

(f)      Not to associate with the family of the victim unless with the prior written approval of the probation officer.

(g)Not to consume or be in possession of alcohol or illicit substances for the duration of your order.

(h)You are to attend for a psychological assessment and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your probation officer and treatment provider.

Solicitors:

Hugo Thomas Young, Invercargill

Copy to:

V Steele, Christchurch

S Johnson, Invercargill