Home  >  Decisions, Statistics and Publications >  Decisions of Public Interest

Parole Hearing

 

Under section 21(1) of the Parole Act 2002

  

 

Oriwa Terrina KEMP

   

  

Hearing: 22 June 2009 at (Withheld) Prison

 

Members of the Board:

 

Judge A Deobhakta

Mrs J Jackson

Ms F Grenfell

  

DECISION OF THE BOARD     

Oriwa Terrina Kemp who is aged 18 was sentenced to 3 years and 4 months imprisonment for cruelty to a child. This was subject to a high profile trial in Rotorua recently. Miss Kemp was sentenced on 4 February 2009 after spending in excess of 500 days on Remand. Her statutory release date is 21 November 2010.

 

Miss Kemp prior to this incident was in a relationship with a violent partner. She commenced this relationship at the age of 12 and has a daughter by that relationship. The daughter, since Miss Kemp’s period in custody, is being looked after by (Withheld) in (Withheld).

 

Miss Kemp has appeared before the Board previously and this Board was presented today with a report containing an appendix detailing information about the suitability of residential restriction for her. Miss Kemp proposes to live at (Address Withheld), with (Names Withheld). This address has been deemed suitable for purpose of electronic monitoring.

 

It was originally proposed that Miss Kemp would attend (Withheld) programme followed by a relapse prevention programme to maintain the skills learned by doing the course. However since a great period of time was wasted on Remand this has not been available to her nor is it possible for her to comply with it given her age and the fact that very little time is left on her sentence. Furthermore Miss Kemp elected to go into segregation for her safety and that was a further impediment for her being offered the programme.

 

The reports we have indicate that Miss Kemp is fortunate to have considerable whanau support both in (Withheld) and in (Withheld). Also available is employment following her release with a company owned by (Withheld).

 

It is intended that Miss Kemp would be referred to the women’s health workshops through the (Withheld) provider in (Withheld) for anger management counselling. It is expected that she will complete the full programme within one year and the next available programme, we understand, starts on 21 July 2009. It is the Board’s intention that soon after her release on residential restrictions the Probation Officer will ascertain that she commences the programme on the date submitted to us.

 

Due to (Name Withheld) not being in the country until after the end of June, the Probation Officer has requested that we keep that in mind when we determine when Miss Kemp would be released on residential restrictions.

 

Having considered the matter carefully we are now of the view that Miss Kemp should be released on parole with residential restriction conditions. She no longer poses undue risk to the safety of the community. Any residual risk can be taken care of by directing that Miss Kemp undertake the programmes as directed by the Board.

 

Miss Kemp will now be released on parole conditions commencing (Withheld) July 2009 on the following conditions. These conditions will remain for a period of 6 months beyond her statutory release date.

 

It is intended that Miss Kemp will come back before the Board on a date to be assigned in October 2009 for the Board to monitor her progress on residential restriction. If everything is well the Board may give consideration to reducing the residential restrictions at that stage.

 

The Board has made it quite clear to Miss Kemp that there will be zero tolerance while she is on residential restriction and should beware that she does not give the Supervising Probation Officer any cause to consider her recall to prison.  

 

1. Undertake and complete appropriate treatment/counselling to the satisfaction of the Probation Officer and treatment provider. The details of the counselling or treatment to be determined by your Probation Officer.
    
2. To notify your probation Officer prior to starting, terminating or changing your position or place of employment.
     
3. Undertake and complete an appropriate Anger Management Programme and abide by the rules of the programme to the satisfaction of the Probation Officer and programme provider.
     
4. To abstain from the possession or consumption of alcohol or illicit drugs.
     
5. To reside at (Withheld) address or at an address approved by your Probation Officer and not to move from that address with the prior written consent of your Probation Officer.
     
6. You are not to associate or otherwise have contact with any person 16 years of age or younger unless another adult, over the age of 18 years who is fully aware of the nature and extent of your offending and who has previously been approved in writing by your probation Officer, is present at all times.
     
7. To travel directly from (Withheld) Prison to (Withheld) address and await the arrival of the Probation Officer and security company.
     
8. To reside at (Withheld) address under residential restrictions and you are not to move from that address without the prior written approval of your Probation Officer.
    
9. To attend a hearing notified to you, and in accordance with any directions given by the NZPB to enable the NZPB to monitor your compliance with your release conditions.
    
10. Not to communicate or associate with any specified person(s) or class of person (s) unless you have the prior written consent of your Probation Officer. 
    

_________________________ 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.