BOURKE - David John - 07/04/2011
Parole hearing
Under section 21(1) of the Parole Act 2002
David John BOURKE
Hearing:
07 April 2011
By Video Conference between NZPB Head Office and [Withheld] Prison
Members of the Board:
Judge D Carruthers (Panel Convenor)
Ms L Nathan
Mr N Trendle
Counsel:
[Withheld]
Support People:
[Withheld]
[Withheld]
DECISION OF THE BOARD
David John Bourke, aged 48, is serving a sentence of two years and 10 months for aggravated assault, manslaughter and other charges.
The circumstances behind this offending are tragic. They are very clearly set out in the sentencing Judge’s notes. We do not intend to canvass them again in this brief decision. It is enough to say that there was here a family tragedy with a very difficult aftermath but all the circumstances are entirely unique to Mr Bourke.
Today we see Mr Bourke for parole to be considered. He is supported by his sister and his father. He is represented by [Withheld] who was counsel at his trial.
We have numerous psychological, psychiatric and forensic reports. Again it is not necessary to canvass all of the detail in those many reports. An application was made to RIDCA but Mr Bourke did not meet their criteria.
The usual psychological report received from Corrections assesses his risk of reoffending as medium to low. It supports the need for a very clear safety plan for him. There are other reports which detail again for us the very difficult and complex psychiatric and psychological background and the circumstances of this unique offending.
We are satisfied that Mr Bourke can be managed safely in the community without undue risk to anyone. The sentencing Judge made the circumstances very clear. [Withheld] in his submissions to us also supports the release of Mr Bourke back to his family. He copes in prison but he cannot be said to be coping well. The only place he knows is in the middle of his family. They await him. The support there is thoughtful and strong.
It seems likely that his job will still be available to him. He is thought well of there. That is also something which needs to be factored in.
We have decided after considering the voluminous information before us that it is safe and appropriate to release Mr Bourke on parole and we will do that on [Withheld] May 2011. We are confident that with the support of his family he will fully abide by the conditions of his Parole.
There are two things, however, which we want to say very clearly for the assistance of the Community Probation Service who must manage Mr Bourke on release.
First we think it is crucial that there be a meeting of everyone involved in his care well prior to his release. This will include, of course, Forensic Mental Health staff, the psychologist who has been involved, the Probation Service and his family and others. There needs to be a comprehensive discussion so everyone is clear about the conditions of release and their ongoing obligations to support the release.
Secondly, there will need to be discussion and arrangements made about the day of Mr Bourke’s release [Withheld]. Special thought will be needed about that and special consideration to how he will be supported on that day. With confidence, we leave that to the professionals and family to sort out but both things are necessary.
Mr Bourke will be released on the usual standard conditions and special conditions which will be detailed hereunder.
Both special and standard conditions will last until six months after sentence end date.
Special conditions are as follows:
- To attend an assessment with your Community Mental health, or any other mental health service provider approved by your Probation Officer, and to attend and complete treatment/counselling as recommended by that assessment to the satisfaction of the treatment provider and Probation Officer.
- Undertake a literacy assessment with a provider approved by the Probation officer and following that assessment attend such classes as directed by a Probation Officer.
- Not to have in your possession, or in your residence, any firearms or ammunition.
- To attend a psychological assessment and attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of the Probation Officer and treatment provider.
- To attend and complete alcohol and drug counselling/treatment as directed by the Probation Officer.
- Not to associate or otherwise have contact with any person 16 years of age or young unless another adult over 18 years who has previously been approved in writing by your Probation Officer, is present.
- Not to stay away overnight from your approved address without the prior permission of your Probation Officer unless you are required to do so for work purposes only.
- To attend such employment or vocational training as may be approved and directed by your Probation Officer.
- Not to possess or consume alcohol or illicit drugs.
- To undertake and complete such assessment and programmes or counselling aimed at assisting you with social skills acquisition, as may be directed by your Probation Officer.
- To attend a hearing notified to you, in September 2011 and in accordance with any directions given by the NZPB to enable the NZPB to monitor your compliance with your release conditions.
Judge D Carruthers
Panel Convenor
Review
• You may apply for a review of the Board’s decision under section 67(1). The only grounds under which you may make an application for review are that the Board, in making its decision:
a) Failed to comply with procedures in the Parole Act 2002; or
b) Made an error of law; or
c) Failed to comply with Board policy resulting in unfairness to the offender; or
d) Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e) Acted without jurisdiction.
• To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
• Reviews are considered on the papers only. There is no hearing in respect of your Review Application.