Jason BURKE - 08/11/2019

Parole Hearing

Under section 21(2) of the Parole Act 2002

Jason Paul BURKE

Hearing: 8 November 2019

at Auckland South Corrections Facility

Members of the Board:

  • Sir Ron Young – Chairperson
  • Mr P Elenio
  • Dr J Skipworth

Counsel:                                          

  • Mr P Hamlin
  • Mr P Osborne

In Attendance:

  • Mr A Siketi – Case Manager

Support Persons:

  • [withheld]

DECISION OF THE BOARD

  1. Mr Burke is 47 years of age. He was sentenced to preventive detention for abduction, unlawful sexual connection and attempting to do so. He has a low/medium classification.  He was first imprisoned in 2004. He had a 2005 rape conviction and he was still on parole when he committed the index offending. Apart from that he had only relatively minor convictions.
  2. We saw him last in April 2019. He had then completed the Adult Sex Offender Treatment Programme, the Drug Treatment Programme and one-on-one counselling. He was assessed at being of medium to high risk of re-offending.
  3. Mr Burke renounced his New Zealand citizenship. He has [withheld] in Australia and had Australian citizenship. As a result of that Mr Burke is to be deported when released on parole.
  4. As far as the current situation is concerned, we are satisfied that Mr Burke is no longer an undue risk and may be released on parole. He has completed an updated safety plan as we required him to do from last time. He has had two reintegration hui with his support people in Australia. We did make enquiries as to whether or not there was any reciprocity with parole conditions in Australia but regretfully there is not. The psychologist concluded that his risk was significantly reduced if he adhered to his safety plan. He is to reside with [withheld] in Australia. He has the support from a prison chaplain and also from a private psychologist in Australia and he has said that he would undertake to seek support from the Salvation Army and Alcoholics Anonymous.
  5. Given those conclusions, for the reasons we have given, we are prepared to release Mr Burke being no longer an undue risk. He will be released on 27 November on the following special conditions.
  6. The special conditions are:

    (1) To be released into the custody of the New Zealand Immigration authorities, or to the New Zealand Police, for deportation from New Zealand.

    (2) Not to return to New Zealand.

Sir Ron Young
Chairperson