New Zealand Parole Board -

Parole Hearing

Under section 21(2) of the Parole Act 2002

Luke Frederick SIBLEY

Hearing: 11 March 2020

at Whanganui Prison via AVL from Christchurch Men’s Prison

Members of the Board:

• Sir Ron Young – Chairperson
• Assoc. Prof P Brinded
• Judge J P Gittos
• Mr C King

Counsel:

• Ms D Goodlet

Supporters:

• [withheld]

Date of Reserved Decision: 13 March 2020

RESERVED DECISION OF THE BOARD

1. Luke Frederick Sibley was sentenced to life imprisonment for murder and attempted murder in 1997. The murder and attempted murder also involved a significant sexual aspect with regard to a young child. He had no previous convictions before this offending.
2. He is on minimum security classification.
3. When we last saw him in September 2019, he had just had the second restorative justice meeting with the victims. This meeting was of real significance for both the victims and Mr Sibley. We have previously discussed the meeting in detail with him. There was an extensive report on the meeting provided to us at the September parole hearing.
4. In September 2019, Mr Sibley sought release to work.  He had been working outside the wire in the nursery but there were difficulties in obtaining release to work in the Whanganui area. We therefore asked that Mr Sibley have further testing in increasingly liberal circumstances.
5. As far as the current position is concerned, Mr Sibley is assessed at medium/low risk of re-offending.
6. Since the last occasion he has been involved in regular guided releases in the community, at least seven occurring every two weeks, so that he could become familiar with the [withheld] area where he is to be released and to the Whanganui area near the prison.
7. He has been in Self-Care now for some three years. He has behaved well in prison without any difficulties.  He has had significant employment within the prison. That employment has involved him going out into the community with a prison officer.
8. The psychologist notes that his release plan is appropriate for his circumstances. Mr Sibley’s release plan is to be released to [withheld].  They will provide him up to 12 months of supported accommodation. He will have 24-hour a day support people at [withheld]. He has significant support from [withheld].  In particular, we mention [withheld]. [withheld] who has been a friend to Mr Sibley for many years is a strong supporter.
9. Overall, we are satisfied that he has a good release plan and that, he has completed all of the rehabilitation asked of him.
10. We spoke to the victims of Mr Sibley’s offending the day before this hearing. They understand that Mr Sibley has made significant progress with regard to both his rehabilitation and reintegration and accept that he does have a serious basis for release on parole.
11. We are satisfied that Mr Sibley is no longer an undue risk and may be released. The release conditions are strict but they will provide significant reassurance about his future conduct. We have changed one aspect of the release conditions. The geographical restrictions will prohibit Mr Sibley going to the South Island. This was a restriction agreed to by him and confirmed by him to us at the hearing.
12. He will therefore be released on 8 April 2020. We will have a monitoring hearing by the end of November 2020. The special conditions will be for the whole of the life sentence but their length will be reviewed at the monitoring hearing in November 2020.
13. The special conditions are:

    (1) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.

    (2) To attend a relapse prevention group as directed by a Probation Officer and comply with the rules of the programme.

    (3) To reside at [an address in the Manawatu region] or any other address approved in writing by a Probation Officer, and not move from that address unless you have the prior written approval of a Probation Officer.

    (4) To comply with any tenancy agreement or rules issued by the provider of your approved accommodation.

    (5) To be at your approved address between the hours of 10pm and 6am daily unless you have the prior written approval of a Probation Officer.

    (6) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.

    (7) To comply with the requirements of electronic monitoring and provide unimpeded access to your approved residence by a Probation Officer and/or representatives of the monitoring company for the purpose of maintaining the electronic monitoring equipment as directed by a Probation Officer.

    (8) Not to enter or loiter near any school, early childhood education centre, park, library, swimming pool, other recreational facility, church, or other area specified in writing by a Probation Officer, unless you have the prior written approval of a Probation Officer, or unless an adult approved by a Probation Officer in writing, is present.

    (9) Not to have contact or otherwise associate, with a person under the age of 16 years, directly or indirectly unless you have the prior written approval of a Probation Officer, or unless you are under the supervision and in the presence of an adult approved in writing by a Probation Officer.

    (10) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.

    (11) Not to have contact or otherwise associate, with any victim of your offending, directly or indirectly, unless you have the prior written approval of a Probation Officer.

    (12) Not to enter the South Island as defined by a Probation Officer in writing unless you have the prior written approval of a Probation Officer.

    (13) To obtain the written approval of a Probation Officer before starting or changing your position and/or place of employment (including voluntary and unpaid work). To notify a Probation Officer if you leave your position of employment.

    (14) Not to possess, use, or consume alcohol, controlled drugs or psychoactive substances except controlled drugs prescribed for you by a health professional.

    (15) To comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you.

Sir Ron Young
Chairperson