New Zealand Parole Board -

Application for recall
Under section 60(2) of the Parole Act 2002 and

Conditions hearing
Under section 18(2) (SRD) of the Parole Act 2002

between

[Withheld]
Probation Officer
Applicant

and

Jamayne GLASTONBURY
Respondent

Hearing: 29 June 2017
at [Withheld] by video link from New Zealand Parole Board, Wellington

Members of the Board:

• Alan Ritchie (Panel Convenor)
• Mr G Crowley
• Mr P Elenio

Counsel:

• [Withheld]

In Attendance:

• [Withheld]
• [Withheld]

DECISION OF THE BOARD

1. The Board has completed its consideration of an application for Jamayne Glastonbury, 22, to be recalled from parole to prison to continue serving his sentence of three years for rape.

2. Mr Glastonbury was released on 13 February 2017 with standard and special conditions set to continue until six months beyond the statutory release date which was then 7 August 2017.

3. This hearing is resumed from 27 June 2017.  As noted from the Board’s decision of that day the application has been made by Probation Officer [Withheld] attended on 27 June 2017 and today as did Probation Officer [Withheld].

4. The ground relied on is undue risk to community safety.

5. On 27 June 2017 the Board had concern about aspects of the evidence and the hearing was adjourned in the expectation that further information would be provided [Withheld].

6. The Department has been able to provide to us with summaries of facts relating to riding a motorcycle while forbidden, giving false details to police and careless driving.  As [Withheld] has said to us those are fines matters rather than offences punishable by imprisonment but an issue for us is whether they are indicative of an escalation of risk to a point where we could be satisfied that it is undue.

7. Another matter of concern to us as noted in the last decision, was the allegation of aggravated robbery with a firearm.  There was also an allegation in relation to theft.  The Department has not been able to enlarge on the information [Withheld].  It seems to us to be appropriate to put those allegations to one side.  It will be for the police to take further action as they see fit.

8. We have heard from the Department about efforts to assess accommodation offered by [Withheld].  The Department has had advice from the police that indicates it is not suitable.  The Department also referred to the door having been answered by [Withheld].  [Withheld] has told us that [Withheld] would have been [Withheld] but that he does not in fact live at the property but comes and goes.  It seems clear that the Board does not have any approval for that property from the Department.

9. A significant matter of concern for us arises from Mr Glastonbury not being returned to custody until one month after the making of an interim order for recall on 9 May 2017.

10. [Withheld] advised us that the sequence of events was that Mr Glastonbury had a fair idea that there was a recall in the wind.  He made arrangements to have his property shifted to [Withheld].  Later in the day he became more and more apprehensive about returning to prison after having served some two and a half years and he made what he acknowledges to be dumb decisions.  He stayed at various properties in Palmerston North before handing himself in.

11. [Withheld] has made the point that if Mr Glastonbury’s account of those events is correct then there may not be a proper grounding for breach action alleged by the Department for leaving his accommodation on the 9th of May 2017.  We note that the interim order for recall was made at 12.30 pm on 9 May 2017.

12. We have to embark on a two-stage process in this case.  The first is whether grounds are made out.  We cannot be satisfied that there has been the commission of an offence punishable by imprisonment.  We are not satisfied that there has been a breach of a release condition but we are concerned about the overall picture presented by the material in front of us.  To us it amounts to a situation where we can readily be satisfied that risk is undue.

13. That makes the second stage of the process really inevitable.  The second stage is the exercise of our discretion whether there should be a final recall order in a situation where a ground has been made out.  Where the ground is undue risk then the Board is left with the obvious conclusion.  We emphasise that it is the combination of factors which have led us to that view and not just one such as the non-approval of accommodation or, by way of another example, escalation of risk indicated by the careless driving, false particulars or forbidden driving.

14. A final recall order will therefore be made because risk is undue.

15. Given the proximity of Mr Glastonbury’s sentence expiry date on 7 September 2017 we will move to the setting of final release conditions.

16. Mr Glastonbury will be released on his statutory release date.  He will be subject to the standard conditions set out in section 14 of the Parole Act and the following special conditions with all conditions continuing for six months beyond the statutory release date.

17. One of the special conditions relates to the possession, consumption or use of alcohol and drugs and Mr Glastonbury has therefore been advised of his obligation to comply with any testing or monitoring of that condition directed by a Probation Officer or other authorised person.
(1) If directed undertake and complete the residential alcohol and drug programme administered by [Withheld], and abide by the rules of the programme to the satisfaction of your Probation Officer and [Withheld].
(2) Attend for a psychological assessment. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of your Probation Officer and treatment provider.
(3) To reside at an address approved by a Probation Officer and not to move from that address without the prior written approval of a Probation Officer.
(4) Not to have contact or otherwise associate with any victim of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.
(5) If directed, to attend and complete [Withheld] sex offenders treatment or other equivalent programme to the satisfaction of a probation officer and service provider.
(6) Not to possess or consume alcohol or possess or use controlled drugs or psychoactive substances.

Alan Ritchie
Panel Convenor