Michael CHILCOTT - 13/02/2020

Parole Hearing

Under section 21(2) of the Parole Act 2002

Michael John CHILCOTT

Hearing: 13 February 2020

at Spring Hill Corrections Facility by AVL from New Zealand Parole Board, Wellington

Members of the Board:

  • Ms M More (Panel Convenor)
  • Dr S Davis
  • Ms M Dodd

Counsel:

  • Mr P Choi

Support People:

  • [withheld]

DECISION OF THE BOARD

  1. Michael John Chilcott is 28.  He is serving a sentence of nine years and nine months for wounding with intent to cause grievous bodily harm, aggravated robbery and indecent assault.  There are also five convictions for breaches of community‑based sentences.  The Court imposed a minimum non‑parole period of five years.
  2. Mr Chilcott went to a flat in a building he was visiting.  He told the police later that he was looking for money or drugs.  He attacked the tenant.  He attempted sexual intercourse, and he stabbed her with a knife.  He also attempted to smother the victim, and her daughter was in the house at the time.
  3. Mr Chilcott has considerable offending history, including non‑compliance with release conditions, shoplifting, non‑compliance with community‑based sentences, and burglary.
  4. Mr Chilcott has a RoC*RoI of 0.73734.  His statutory release date is 21 August 2022.  He has two years, seven months remaining on his sentence.
  5. Mr Chilcott’s security classification is minimum.  His behaviour is positive, and he engages well with the staff.
  6. Mr Chilcott was represented by counsel, Mr Choi, on instructions from Mr Tate.  Mr Choi submitted that Mr Chilcott could be released on parole.  He referred to the fact that he had been in self‑care since 2019, and that there were no incidents.  Mr Chilcott has been working in [withheld].  He has employment in [withheld], and he has had two guided releases.  There is an offer of permanent employment.
  7. Mr Chilcott told the Board that following the completion of the Special Treatment Unit Rehabilitation Programme, he has had 11 sessions with his mentor and worked on his safety plan.  He said he has learned about how to help himself with support, talking to his family, and not asking for things all the time.
  8. The Board has the benefit of a psychological report dated 31 December 2019.  The Board discussed this with Mr Chilcott.  In particular we raised an issue with a comment that he has prematurely terminated [withheld].  The psychologist recommends that he engage with [withheld].
  9. Mr Chilcott told the Board that he has been dealing with [withheld].  He said he is [withheld].  This is in contrast to the comments in the psychological report.
  10. The psychologist also recommends that Mr Chilcott consider a residential programme post‑release, and that he has close oversight and monitoring.
  11. Mr Chilcott has recently completed the rehabilitation phase of his sentence, and entered the reintegration phase.  The Board is not satisfied that he has had sufficient reintegration to test the skills that he has learned on the programmes.  The Board is concerned that there is some discord between the psychologist’s report and Mr Chilcott’s self‑report over [withheld].
  12. Mr Chilcott has accommodation, which apparently has been approved for previous hearings, however we do not have a memorandum approving it for this Board.
  13. Without completing his reintegration, and without confirmed accommodation, Mr Chilcott’s risk is undue and parole is declined.
  14. Mr Chilcott will be seen again in six months.  In that time, we invite him to continue on his Release to Work, and be tested so that he can demonstrate the skills he has learned are embedded.
  15. We ask him to firm up his release proposal.  We ask that he engages with [withheld] and they provide a report for the next hearing.  We ask that report to address his [withheld], and whether it is sufficiently managed for release.
  16. We also ask Mr Chilcott to address the question of living in [withheld], but working in [withheld].  Given the concerns about his possible [withheld], we were concerned that when asked how he was going to get to work, he said nothing has been confirmed but they were looking into public transport.  We feel this is not sufficiently clear or well‑developed.
  17. The Board will see Mr Chilcott again in August 2020, and before the end of August 2020.

Ms M More
Panel Convenor