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CAPILL - Graham John - 08/08/2011

Parole hearing
Under section 21(1) of the Parole Act 2002


Graham John CAPILL



Hearing:
8 August 2011
at [Withheld] Prison

Members of the Board:
Judge J Macdonald (Panel Convenor)
Mr R Wilson
Ms S Pakura

Supporters:
[Withheld]
[Withheld]
[Withheld]

DECISION OF THE BOARD

Mr Capill is serving a nine year prison sentence for sexual offending [Withheld].  His sentence commenced in July 2005.  He became eligible for parole in June 2008.  His sentence ends in June 2014.  
Our task is to consider whether Mr Capill would pose an undue risk to the safety of the community if released on parole.  The focus is on the likelihood of reoffending in the period remaining on his sentence which is just under three years. 

Having considered all matters, we are satisfied that it is unlikely that he would reoffend within that period.  In reaching that conclusion we take into account a number of factors.  First and foremost he has successfully completed the Kia Marama Programme.  He accomplished that feat on 30 November 2010 and since then he has worked in the graduate’s group. The Board has consistently regarded completion of the Kia Marama Programme as important in Mr Capill being able to demonstrate some reduction in his risk. Second, we have a psychological report dated 11 May 2011 in which Mr Capill is assessed as posing a low/medium long term risk of sexual reoffending. The psychologist noted that Mr Capill had made progress in intellectually understanding his offending and the salient skills for managing his risk for reoffending.  Significantly given his progress in treatment, coupled with adherence to his parole conditions the psychologist assessed this as being sufficient to manage his low/medium recidivism rate risk upon release.  We further take into account that Mr Capill has presented well to the Board and it certainly is a contrast to his presentation three years ago. We suspect that is linked to the completion of the Kia Marama Programme.  We assess that he has strong support in the community and it seems to the Board that his supporters now have a greater awareness of the possible pitfalls for Mr Capill on release.  We note that two support meetings have been held relatively recently and that has been helpful for all concerned. 

We have submissions from the victims and once again they are thoughtful submissions and we take the views expressed into account. We are satisfied, however, that the risks they refer to can be adequately managed by parole conditions. Mr Capill has no other convictions and there is nothing to indicate that he would not abide by any conditions imposed. 

The Board will release Mr Capill on parole on [Withheld] September 2011.  It will be on the standard release conditions as well as the following special conditions.  Such conditions will last until his sentence end date.

Special conditions are as follows:
(1)    To undertake and complete the Kia Marama Maintenance Programme administered by Community Corrections, and abide by the rules of the programme to the satisfaction of your Probation Officer and group facilitators.
(2)    To attend for a psychological assessment.  To attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(3)    To reside at [Withheld] or an address approved by your Probation Officer and not to move from that address without the prior written approval of a Probation Officer.
(4)    To notify your Probation Officer prior to starting, terminating or changing your position or place of employment, or involvement in any unpaid or voluntary work.
(5)    Not to communicate or associate with the victims of your offending unless you have the prior written consent of your Probation Officer.
(6)    Not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, over the age of 20 years who has previously been approved in writing by your Probation Officer, is present.
(7)    Not to stay away overnight from your residence without prior written approval of a Probation Officer.


Judge J Macdonald
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.