WICKLIFFE - Hugh Tikahu William - 26/04/2011
Parole hearing
Under section 21(1) of the Parole Act 2002
Hugh Tikahu William WICKLIFFE
Hearing:
26 April 2011 at [withheld] via video link to the
Office of the New Zealand Parole Board in Wellington
Members of the Board:
Judge DJ Carruthers
Judge M Lee
Prof. P Brinded
Mr M Hakiaha
Ms G Hughes
Observer:
Ms N Reynolds for Department of Corrections
Support Persons:
[withheld]
[withheld]
[withheld]
DECISION OF THE BOARD
Hugh Tikahu William Wickliffe, aged now 62, is seen by us for parole to be considered.
Mr Wickliffe was sentenced to life imprisonment some many years ago now on a charge of manslaughter. It is true to say that he has had a significant career of crime.
More recently however things have changed for him. We are fully aware of his situation. Not only are there numerous reports in front of us from a variety of different sources, but of course we have also seen Mr Wickliffe on other occasions.
He was released on parole when his partner became seriously and terminally ill. He was released after the usual assessment of risk at that time. He complied with the conditions of his parole and he did that without committing any further offences. Subsequently, he was also on electronic bail and he complied fully with both his bail and parole requirements.
His downfall was some older offences relating to both possession of cannabis and firearms. He went to trial on those and for various reasons trial dates were extended. Finally he was sentenced on those charges which pre-dated both his parole and bail arrangements. He was convicted and sentenced to a further term of imprisonment and that has now expired.
We are fully aware of the details of that offending and in our view that offending stands on its own and can be seen to have pre-dated the more dramatic changes in his life. One of those dramatic changes was his caring for his partner during her long terminal illness and eventual death. He is still affected emotionally by that. He is looking forward to her unveiling and he is going to wait for a time in the community so that he can organise that appropriately.
He also has some family matters to attend to relating to [withheld] and those are also going to occupy his spare time.
The proposal he puts before us now is a different one. It is a return to his own home on an electronic monitoring regime. Living there are his [withheld] and [withheld]. They are stable people with no history of offending. [withheld]. It is a very pro-social and supportive environment.
They were both present today as was his employer. A job is waiting for him. It is one that he knows and is familiar with. That will occupy him during the working week.
He therefore has enough money to live on properly, pro-social support and things to occupy his mind and attention.
Finally we have the advantage of a psychological assessment. This assessment based on his historic offending assesses him as being at moderate/high risk of re-offending but expressly talks about the way in which his risk has reduced as he ages. In particular, there is comment that his offending moved from violent to non-violent and dishonesty offences and then shifted to driving and drug offences and is expected to reduce more. It is noted that his recent life experiences have resulted in him now being empathetic and understanding the concerns and needs of others.
He has had significant individual treatment with a psychologist in prison. No further treatment is available to him.
The proposal is that he is released to the address with the support we mentioned on a partial residential restrictions basis so that he is electronically monitored there after work. We think that is a sensible proposal. It means that he will be closely supervised over a period as he settles back into ordinary life. He will obey a curfew. We intend also to see him again in November as part of a monitoring and reporting regime.
Having regard to all of this and his acquired maturity, again expressly mentioned by the psychologist, we have decided that the community of New Zealand would not be at an undue risk if he is released on parole and we propose to release him on [withheld] May 2011. He will be released on both standard and special conditions. Standard conditions will of course continue for life for Mr Wickliffe. Special conditions will continue for five years from the date of release with the exception of two conditions which will also continue for life. These special conditions are that he not possess or consume alcohol or illicit drugs and that he not possess firearms at any time.
Release accordingly.
Special conditions are as follows:
- To reside at [withheld] and not to move from that address without the prior written approval of your Probation Officer.
- To comply with all the requirements of partial residential restrictions at the approved address including being at the address between the hours of 7.00pm and 6.00am daily seven days a week.
- To 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.
- To attend for a psychological assessment within two weeks of release. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
- Not to be in possession of or consume any alcohol and or illicit drugs for the rest of your life.
- Not to possess any firearms at any other time.
- To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
- To attend for a progress and monitoring hearing in November 2011 at a date and time to be confirmed by the Administration of the New Zealand Parole Board. The Board requires a progress report from Community Probation Service for the November 2011 hearing.
(signed)
Judge DJ 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.