Wayne Michael MCGRATH - 18/10/2017

Parole Hearing

Under section 21(2) of the Parole Act 2002

Wayne Michael MCGRATH

Hearing: 18 October 2017

at (withheld)

Members of the Board:

  • Hon. M A Frater - Panel Convenor
  • Mr D Hauraki
  • Mr G Crowley


  1. Fifty one year old Wayne Michael McGrath is serving a sentence of five years and four months imprisonment, having been found guilty by a jury of raping his 15 year old victim at his home in July 1991.  Mr McGrath’s evidence at trial was that this did not happen. And he maintains that stance.
  2. He was sentenced on 9 December 2015 and his sentence ends on 13 May 2020.
  3. Although Mr McGrath has only one previous conviction for sexual offending, he has an extensive history of other offending dating back to 1981 when he appeared in the Youth Court.  The convictions are for a range of offences including violent offending, driving, breaches, drug offending and offences of dishonesty.
  4. This was Mr McGrath’s second appearance before the Board.
  5. The Board which he appeared before in October last year advised him that postponement would be on the table for this Board.  However, as Mr McGrath was sentenced to less than 10 years imprisonment, that option is not available to the Board.
  6. The only significant change in Mr McGrath’s circumstances since the last hearing is that he attained a low/medium security classification in July, which led to him transferring to (withheld) where he is currently housed.
  7. He remains unmotivated to undertake any form of rehabilitative activity, whether working with a psychologist, or any drug or alcohol treatment.  He has also declined to engage with an ACC counsellor.
  8. He attributes his issues to the fact that he was brought up in state care and says that unless somebody has been through that themselves, they cannot assist him.  While he acknowledges that he did drink to the point of blackout in the community, he sees no reason to undertake a substance abuse programme in custody, as he has never held an IDU status.
  9. Until Mr McGrath changes his attitude, engages in rehabilitative and reintegrative activities and formulates a strong release plan, he continues to pose an undue risk to the safety of the community.
  10. Accordingly, parole is declined.
  11. Mr McGrath’s next hearing will be in two years’ time, and must be before 18 October 2019, at the latest.

Hon. M A Frater
Panel Convenor