Paul David BAILEY - 27/04/2016


Parole hearing

Under section 21(2) of the Parole Act 2002

Paul David BAILEY

Hearing: 27 April 2016 via AVL from NZPB Head Office, Wellington to [Withheld]

Members of the Board: 
      Hon. MA Frater – Panel Convenor
      Dr J Skipworth
      Dr P Taylor
      Ms S Pakura

In attendance:  


1. We have seen Paul David Bailey in connection with parole.  He is serving a life sentence of imprisonment for the murder of Kylie Smith on 1 November 1991.  He was also sentenced to 13 years imprisonment for her rape.  Those sentences were imposed on 27 February 1992.

2. Subsequently, he was sentenced to further concurrent terms of 3 years imprisonment for the rape of a girl aged between 12 and 16 and 3½ years for attempting to rape an adult female.

3. He became eligible to be considered for release on parole on 30 July 2006.  Mr Bailey has spent some 25 years in custody.

4. In the course of serving his sentence, he has been subject to four postponement orders.  The most recent, of two years duration, was imposed on 30 April 2014. 

5. At that stage, Mr Bailey was undertaking the core treatment phase of the [Withheld] for child sex offenders.  After graduating from that programme he entered the graduates’ group. Subsequently he was removed from that group on the basis that he had not made sufficient progress to move to the reintegrative stage of his sentence.

6. Mr Bailey was said to lack insight and understanding of the violence associated with his sexually abusive behaviour and within his index murder offence.  The writer of the latest psychological report for the Board said that he struggled to develop an emotional appreciation of the impact of his actions due to emotional avoidance and difficulty with perspective taking.  There were also issues about his lack of openness and deviant arousal to violence and sexual coercion.

7. Since then, Mr Bailey has transferred to the Self Care Units at [Withheld].  There are no issues with his behaviour there.  He holds a minimum security classification, has not been mentioned in any incident or misconduct reports and is IDU free.  He works in the grounds.

8. Mr Bailey did not seek parole today.  He accepts that he has work to get on with.  He is keen to undertake individual psychological treatment to address the outstanding rehabilitative issues.  It is suggested that he may also benefit from redoing the [Withheld]. Obviously that cannot be determined now.

9. We do not support Mr Bailey engaging in any reintegrative activities or temporary removals from prison until he has completed all recommended rehabilitative interventions and demonstrated, over time and in a variety of situations, that he has in fact changed, and is committed to and has the skills to ensure that he will remain offence free in the community. This will necessarily be a slow process.

10. There is no question of parole today. It is declined. Mr Bailey is assessed as posing a high risk of both sexual recidivism and violence.

11. We gave him notice today that the issue of postponement will be reconsidered by the Board in August this year. He will be given formal notice of his rights in respect of that matter in due course. As he will be aware, he has the right to consult and instruct a lawyer to appear for him at the hearing and to have that person make written and/or oral submissions on his behalf.

12. In the event that a postponement order of up to five years duration is not made, Mr Bailey’s next hearing will be in March 2018 and, in any event, before the end of that month.

13. Victims’ views, clearly expressed prior to the current hearing, and previously, and conveyed to Mr Bailey, will be taken into account at that hearing. We do not need to meet with them before it.


Hon. MA Frater
Panel Convenor