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James Herbert DAHLBERG

Hearing:
01 December 2011
at (Withheld) Prison

Decision:
7 December 2011

Members of the Board:
Hon. M A Frater
Judge D Holderness
Dr J Skipworth
Mr R Wilson
Ms L Nathan

Observer:
Ms K Shore for Department of Corrections

Counsel:
(Withheld)

In Attendance:
(Withheld)   

RESERVED DECISION OF THE BOARD

James Herbert Dahlberg has spent some 20 years in prison for murdering his estranged wife, Ann Urquhart. 

He continues to plead his innocence and professes an inability to assist her family to find her body. 

We appreciate that this compounds the pain that the victim’s family feel as a result of her death and the circumstances of it.  While he is well aware of their views and their opposition to his release, he has never wavered from his position.

Mr Dahlberg turns 70 this week.  For many years it seemed that he was comfortable in prison and he did not actively seek release.  During the past year to 18 months we have observed a change.  He has worked on his release and relapse prevention plan and seems to have a greater appreciation of his high risk situations. 

He wants to remain in (Withheld) where he grew up and where his (Withheld) and (Withheld) live.  His current proposal is to be released to supported accommodation provided by the (Withheld).  Although this type of accommodation is normally only available for three months, in the case of offenders like Mr Dahlberg, serving an indefinite sentence, the accommodation can be available for up to six months and the support can continue after that. 

Mr Dahlberg’s case manager, the officers in his unit, (Withheld) from (Withheld), and members of Mr Dahlberg’s family have worked together to prepare for his release. Three support meetings have been held.  These have been attended by Mr Dahlberg, (Withheld), his case worker, the Police officer who oversees the (Withheld) accommodation, (Withheld), who will be his Probation Officer, his (Withheld) and (Withheld) from PARS.  The aim of the meetings was to:

• discuss his reintegration needs
• identify areas of risk or concern and steps to be taken to reduce risk:
• identify possible pre-offending triggers/situations and ways to identify and processes to manage those situations
• identify key support people and the role each will play post-release
• identify the support to be provided by each service group.

In addition, Mr Dahlberg has had five other escorted outings from the prison – two accompanied by Prison officers and three by (Withheld).  These have been for about four hours each and have allowed him spend time with family members.

In all the circumstances, we are satisfied that with the extensive and realistic support available to him in the community, both from the people mentioned and also from family members who live elsewhere, and with the conditions we propose to impose, Mr Dahlberg assessed low/moderate risk of re-offending can be managed so that he will not pose an undue risk to the safety of the community on release.

Accordingly, he will be released on Wednesday, (Withheld) February 2012 on the standard conditions which will continue for life and the following special conditions.  Two of the special conditions will remain in force for life.  The rest will continue for five years post release.

The special conditions are as follows:
(1)    To reside at (Withheld)and not to move from that or any subsequent address without the prior written approval of a Probation Officer.
(2)    To attend for further psychological assessment if not completed in prison.  Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(3)    To engage only in such vocational training/employment (paid or unpaid) and community or sporting clubs/groups that are approved in advance by your  Probation Officer.
(4)    Not to have contact or associate with the victims of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(5)    Not to enter the province of Nelson.  This condition is for life.
(6)    Not to own or possess any firearms.  This condition is for life.

(signed)
Hon. M A Frater
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.