Allen Russell HALL 10/2/2022
Under section 21(2) of the Parole Act 2002
Allen Russell HALL
Hearing: 10 February 2022
at Auckland South Corrections Facility by MS Teams
Members of the Board: Sir Ron Young – Chairperson
Prof. P Brinded
Ms K Coutts
Dr G Coyle
Counsel: Mr N Chisnall
In attendance: [withheld] – Case Manager
DECISION OF THE BOARD
- Mr Hall was sentenced to life imprisonment for murder in 1986. He is 59 years of age. He has a minimum-security classification. Initially, Mr Hall waived his attendance today, but the Board decided to send Mr Hall a memorandum suggesting that it may be of value to him and certainly would be of value to the Parole Board if we could speak to him. A reading of the background material resulted in serious concern by the Board that Mr Hall had made no progress in obtaining a safe parole release when his risk of reoffending seemed low. Mr Hall agreed to appear.
- Mr Hall was released on parole in 1994. He was then recalled in 2012 although an application for recall had been made and refused in 2008. The 2012 recall was because of concern that Mr Hall had been filming boys’ rugby league and other sporting fixtures. The filming had been provided to the school. His probation officer and the police became concerned about the filming given Mr Hall, in 1985, was convicted of charges of indecent act and permits an indecent act both with respect to boys under 16. He was fined a total of $900 on those charges. In 2012, he was also convicted of a breach of his release conditions and was recalled. Since that time now some 9 years ago Mr Hall has not been released on parole.
- Various psychological reports, of which there are many, contained a variety of assessments of his risk of sexual offending. However, he has consistently been assessed at low risk of violent offending. Some of the reports indicate an average risk of sexual offending, others indicate low or low/medium risk of sexual offending. We note again Mr Hall’s only conviction for sexual offending is now 36 years ago and reflective of the penalty of a fine was likely to be at the minor end of such offending.
- There are some reports in prison of him showing sexual interest in other inmates. Mr Hall has always conceded that he is gay and therefore such interest is hardly surprising. There is nothing to suggest that there was any coerced sexual contact by him.
- And so overall, our conclusion is that Mr Hall was at low risk of re-offending sexually. However, Corrections/Serco have concluded Mr Hall needs to complete the CSOTP. Mr Hall objected to intensive rehabilitation programmes relating to his sexual offending because he could not understand why he might need it. There was no suggestion that Mr Hall needs any further risk-based rehabilitation relating to violence and the murder conviction that bought him to prison.
- Also, of significant advantage to the Board, was the 2019 assessment that Mr Hall has [withheld]. This diagnosis was self-evident when the Board talked to Mr Hall. Mr Hall’s [withheld] may be a relevant factor in his focus on filming boys’ sporting events. He may have become focused on such an activity however, understandably, it may have become worrying to the authorities at the time It is difficult to know now whether the filming did illustrate a worrying sexual interest in young men in 2012 but there has been no further incidents of concern over any inappropriate attraction in the last 10 years.
- Overall, we are satisfied that Mr Hall is no longer an undue risk and we can see no impediment to his release and so he will be released on 2 March.
- There are some special conditions suggested in the parole assessment report. We impose those special conditions with a number of changes. Firstly, the residence will be [withheld]. In mentioning that address, we also want to mention Mr Hall’s [withheld]. Mr Hall’s [withheld] have been a constant feature of support for Mr Hall and [withheld] is now offering accommodation for him. We are satisfied that they are both prosocial people and we have every confidence that they will help Mr Hall reintegrate into the community. We see no reason to include the employment notification as a special condition which does not seem to relate to risk.
- We will see Mr Hall on a monitoring hearing in September 2022.
- We consider in the short‑term, electronic monitoring of the whereabouts condition relating to a prohibition of him going to places where young males may be present is an important reassurance to the Board and to the community and so we retain that provision.
- We have amended the under 16 non-contact provision to refer to male persons only.
- The curfew can be from 10 pm to 6 am for a period of three months to help Mr Hall settle into the community.
- We have left in the internet special condition which requires Mr Hall on request to provide a copy of his internet device for checking by the Probation Officer.
- Overall, we consider these special conditions, together with the good support he has from his family, will be sufficient to address Mr Hall’s risk. We think it will be valuable in addition for a pre-release whānau hui to be convened in the next three weeks so everyone is clear about the special conditions Mr Hall will be subject to.
- The special conditions are;
(1) To reside at [withheld], 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.
(2) 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.
(3) To disclose to a Probation Officer, at the earliest opportunity, details of any intimate relationship which commences, resumes, or terminates.
(4) 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.
(5) 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.
(6) Not to have contact or otherwise associate, with any victim of your offending, [including previous offending] directly or indirectly, unless you have the prior written approval of a Probation Officer.
(7) To attend a reintegration meeting as directed by a Probation Officer.
(8) To attend a psychological assessment and attend, participate in and complete any recommended treatment as directed by a Probation Officer.
(9) Not to have contact or otherwise associate, with any male 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) For three months from your release date, to be at your approved address between the hours of 10pm – 6am daily unless you have the prior written approval of a Probation Officer.
(11) Upon request, to make available to a Probation Officer, or his or her agent, any electronic device capable of accessing the internet that is used by you, or is in your possession or control, for the purpose of monitoring your use of the device.
(12) To submit to electronic monitoring as directed by a Probation Officer in order to monitor your compliance with any conditions relating to your whereabouts.
(13) To attend, participate in and complete any programme/treatment/counselling as directed by a Probation Officer.
Sir Ron Young