Chief Executive of the Department of Corrections v Clements

[2021] NZHC 1206

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2021-409-11

[2021] NZHC 1206

UNDER

the Parole Act 2002

IN THE MATTER

of an application for an Extended Supervision Order and Intensive Monitoring

BETWEEN

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Applicant

AND

REUBEN JOHN CLEMENTS

Respondent

Hearing:

27 May 2021

Appearances:

P A Currie for Applicant

T R Nicholls for Respondent
Respondent in person (by AVL from Rimutaka Prison)

Judgment:

27 May 2021

ORAL JUDGMENT OF OSBORNE J

[Results judgment]

This judgment was delivered by me on 27 April 2021 at 9.24 am

Registrar/Deputy Registrar Date:

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CLEMENTS [2021] NZHC 1206 [27 May 2021]

[1]                   The Chief Executive of the Department of Corrections applies for an Extended Supervision Order (ESO) to be made in relation to Reuben John Clements for a period of 10 years.1

[2]                 The Chief Executive also applies for an order that Mr Clements be subject to intensive monitoring (for 12 months).2

[3]                 Mr Clements does not oppose the making of an ESO for ten years or the making of an order for intensive monitoring.

[4]                 While Mr Clements did not oppose the making of such orders, I still must be satisfied that the statutory requirements for making such orders have been met.

[5]I have considered:

(a)the health assessor’s reports (18 February 2020 and 17 November 2020) of Katrina Falconer Beach (a registered clinical psychologist); and

(b)a report (18 September 2020) of Dr Clare Brindley, who is also a registered clinical psychologist as well as a forensic psychologist and neuropsychologist.

[6]                 I have found the statutory requirements for the making of the two orders established (for reasons which I will state in a judgment to follow).

Orders

[7]The orders I therefore make are these. I order:

(a)there is in relation to Reuben John Clements an extended supervision order, for a term of 10 years commencing on 26 December 2020; and

1      Under Parole Act 2002, s 107F.

2      Under s 107IAB.

(b)an intensive monitoring condition attaches to this extended supervision order until 27 May 2022.

[8]                 I acknowledge the responsibility which Mr Clements has shown, having initially opposed the making of these orders, by coming to withdraw that opposition.

[9]                 I thank you, Mr Nicholls, for the role you have played in guiding and assisting Mr Clements and I thank you, Ms Currie, for your helpful submissions.

[10]             Finally, I acknowledge the quality of the reports which the Court received and I ask that counsel for the Chief Executive pass this acknowledgment on to the report writers.

Osborne J

Solicitors:

Crown Solicitor, Christchurch

T R Nicholls, Barrister, Christchurch