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Richard Lyall GENGE

Hearing:
30 November 2011
at (Withheld) Prison

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

Support Person:
(Withheld)
Richard Lyall Genge is serving a life sentence of imprisonment for murder with a concurrent finite sentence for rape.

He last appeared before the Board in August this year.

In declining parole, the Board encouraged Mr Genge to release the independent psychological report which he had obtained and co-operate with the Departmental psychologist in undertaking a further assessment of his risk.
 
(Withheld)’s report dated 28 July has been filed.  Missing from it is a PCL-SV assessment.  Today Mr Genge sought an adjournment to obtain a report from another psychologist who could complete a full PCL:R assessment.  He does not agree with (Withheld)’s assessment on this and other issues. 

While Mr Genge has continued to engage in individual counselling with Mr Zijlstra, he is not prepared to participate in any form of group therapy.  Of course, the efficacy of such programmes for him is an issue for the Board.  But ultimately the issue for the Board is whether, having regard to the work which Mr Genge has undertaken in custody and the support and supervision available to him in the community, he will pose an undue risk to the safety of the community on release.

At this stage we still do not have the requisite information to make that decision.  Accordingly, once again parole is declined.  Mr Genge should be scheduled to be seen again in the normal statutory cycle.  However, if he obtains a further independent psychological report addressing the various areas covered by Mr Barnett’s report such as treatment undertaken in custody, risk of reoffending including the PCL assessment, further treatment to be undertaken and strength of release plan within the next six months or so he should apply under section 26 of the Parole Act to be seen by the Extended Board at an earlier date. 


(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.
 
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