Chief Executive of the Department of Corrections v M

[2019] NZHC 3231

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2019-404-312

[2019] NZHC 3231

UNDER

Section 107F of the Parole Act 2002

IN THE MATTER

of an application for an extended supervision order

BETWEEN

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Applicant

AND

M

Respondent

Hearing:	5 and 9 December 2019
Counsel:	BD Tantrum and NE Town for applicant CG Wright for respondent
Judgment:	9 December 2019

(ORAL) RESULTS JUDGMENT OF FITZGERALD J

[As to application for extended supervision order]

Solicitors:           Meredith Connell, Auckland

Public Defence Service, Auckland

Chief Executive of the Department of Corrections v M [2019] NZHC 3231 [9 December 2019]

[1]The application for an ESO is declined.

[2]        My detailed reasons for declining the application will be provided in due course.

[3]        But in summary, I am not satisfied M displays either or both the characteristics set out in s 107IAA(d) of the Parole Act 2002 (Act) (concerning lack of acceptance of responsibility or remorse; and/or an absence of understanding for or concern about the impact of the offending on actual or potential victims). I also have real doubts as to whether that characteristic set out at s 107IAA(a) (an intense drive, desire, or urge to commit a relevant sexual offence) is presently possessed by M, rather than enduring personality traits which might in due course lead to the s 107IAA(a) characteristic being possessed by him.

[4]        Given this, I cannot be satisfied there is a high risk that M will in future commit a relevant sexual offence, for the purposes of ss 107I(2) and 107IAA(1) of the Act.

Fitzgerald J