New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Philip Murray KINRAID

Hearing: 9 July 2018

at Tongariro Prison

Members of the Board:

• Hon. J W Gendall QC – Panel Convenor
• Mr L Tawera
• Mr L Comer

Counsel:

• Ms D Johnston

Support Persons:

• [withheld]
• [withheld]
• [withheld]

DECISION OF THE BOARD

1. Mr Kinraid was sentenced on 22 February 2017 to four years and three months imprisonment for the manslaughter of his two year old daughter.  Appeals against orders refusing suppression of certain material were declined by the High Court and later by the Court of Appeal and further, leave was refused to pursue a further appeal by the Supreme Court.
2. Mr Kinraid’s parole eligibility date was 9 July 2018 and the sentence end date is 6 May 2021.
3. He has a favourable parole assessment report and a new partner.  He has approved accommodation with [withheld] and strong family support of [withheld].  Whilst he has not had the opportunity to complete offence-focussed departmental programmes, the psychologist reported on 3 May 2018 that no further treatment was warranted as he had made exemplary progress through one-to-one counselling with the psychologist.  He is assessed at low risk but there is some need to strengthen his release plan.
4. Mr Kinraid has no previous convictions and the offence was inexplicable.  Although, as he says, the death of his daughter was “an accident”, his actions, which caused that death, were unlawful and very serious.  He has completed anger management treatment and has been able to respond appropriately to some searching questions directed at the hearing.  He has completed grief counselling and parenting courses and as a result has acquired understanding and skills, which would appear, with the assistance of supporters in probation, to manage his risk in the community.
5. Weighing up all factors we have reached the conclusion that Mr Kinraid meets the statutory criteria for release on parole as he would not pose an undue risk to the safety of any person or the community generally, provided he faithfully complies with the conditions of parole.  We have determined that he should be released in four months’ time, that is on [withheld] November 2018, on the standard conditions and the special conditions set out in the parole assessment report, with two further additions.
6. To conclude, we recommend that Mr Kinraid be transferred to Christchurch Men’s Prison or Rolleston Prison so that he can be nearer his supporters and that the whānau hui take place in the South Island where he would be released on parole.
7. It has been explained to Mr Kinraid that the option of revocation of parole always remains available to the Board if his risk escalates through behaviour, or otherwise, prior to [withheld] November 2018.
8. Special conditions to conclude six months past sentence end date.

   (1) To undertake and complete treatment/programme/counselling and directed by a Probation Officer. Abide by the rules of the treatment/programme/counselling to the satisfaction of your Probation Officer.

   (2) Prior to his release he is to participate in a whānau hui with his supporters, parents, probation officer, case manager, partner and any prospective employer so that all who are in the community to assist him are cognisant of his risks and needs.

   (3) To be subject to a progress/monitoring hearing under the Parole Act 2002 in the month of March 2019 at which time Community Corrections is to submit a written report for the Board’s consideration.  At the first instance that monitoring consideration is to be on the papers only but he shall attend a face-to-face hearing if required to do so after the Board’s consideration of the written report

   (4) To reside at [withheld] and not to move from that or any subsequently approved address without the prior written approval of a Probation Officer.

   (5) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.

   (6) To undertake such counselling as directed by the Probation Officer for parenting skills.

   (7) Not to have contact or otherwise associate with the victim(s) of your offending, directly or indirectly, unless you have the prior written consent of your Probation Officer.