Supervision of released high risk sex offender should be allowed to lapse High Court hears
Photo:
RNZ / Angus Dreaver
The High Court in Wellington has heard Correction's supervision of a high risk sexual offender released earlier this year should be allowed to lapse.
Local Democracy Reporting previously reported Nathaniel James Mahoney was sentenced to 10 years' jail in 2015 after he was found guilty on 10 charges of sexual and physical violence against four women.
In one instance, Mahoney raped an 18-year-old autistic woman.
He met her at a North Island comic book convention while dressed as
Batman
villain the Joker.
The victim was dressed as the Joker's girlfriend Harley Quinn.
In the High Court on Wednesday counsel for Mahoney, Charlotte Brook, argued that Corrections had erred in making a second Extended Supervision Order (ESO) application towards Mahoney that could nullify an existing one made ahead of his release.
People under a
supervision order
are monitored by authorities, and might have conditions around where they can live and work, and who they interacted with.
Brook said an implication of lodging a second order was it could allow for Mahoney to be in the community without supervision in the period between his release conditions expiring in August and an expected decision on the application due in November.
She said interim supervision intended to monitor Mahoney in the lead-up to the decision could not be included in the second ESO as it had not been applied for while Mahoney was still incarcerated.
"Corrections filed the second application intending to change the terms of the first one. They want a longer term. It's not Mr Mahoney's fault that the second one has been filed," Brook said.
Brook cited previous decisions which characterised ESO's as "a second penalty and... an unjustified intrusion of a person's rights".
She described the conditions of Mahoney's supervision orders as "intrusive" and argued the court should take a rights based approach in making its decision.
"Mr Mahoney has been assessed as being very high risk but you can only take these preventative measures so far," Brook said.
Justice Karen Grau observed that Mahoney's high risk of re-offending had increased following an incident relating to interactions with women during a prior employment placement initiative.
Counsel for the Department of Corrections, Anselm Williams, argued there was nothing in legislation to stipulate the filing of a second ESO application would discontinue a prior application.
"I don't accept ... that a court would decline the department's application when you have a person who is clearly a high risk and that risk has increased over the time that application is being considered," Williams said.
Williams argued that interim supervision was not only necessary to protect the community but to enable Corrections to "provide rehabilitative options" for Mahoney.
Justice Grau reserved her decision to be delivered ahead of Mahoney's release conditions expiring in early August.
Sign up for Ngā Pitopito Kōrero
,
a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
5 hours ago
- RNZ News
Life coach sentenced over 'king-hit' assault
Albert James appeared in the New Plymouth District Court on Friday for sentencing. Photo: RNZ / Cole Eastham-Farrelly A judge has suggested a Taranaki life coach should have employed his conflict-resolution skills rather than punching a golf buddy in the head in what has been described as a "king-hit" type assault. Albert James appeared in the New Plymouth District Court for sentencing after being convicted of injuring with intent to injure. In December 2024, James and a group of friends were drinking in a New Plymouth bar at about 10pm after having enjoyed a round of golf earlier in the day. James got into an argument with his victim about whose round it was but when his mate offered his hand in a gesture to end the wrangle James spat in it. His golf buddy then punched him once in the head before bouncers - who had witnessed the fracas - separated them and removed James from the bar. Rather than go home, the self-described "holistic relationship and life coach" re-entered the bar about three minutes later and walked purposefully towards his victim - whose view was obscured - and hit him forcefully on the left side of the face and rained punches at him as he fell to the ground. The victim required hospital treatment and needed seven stitches to cuts around his eye. Later he had surgery to have bone fragments removed and surgical mesh inserted around the injured eye. According to his website James offers courses in conflict resolution, emotional intelligence, emotional awareness and self-regulation. His defence counsel Paul Keegan said his client was remorseful and his offending out of character. "At the outset I want to accept the danger that is implicit in this type of behaviour. When men engage in violence and in particularly drunken violence late at night like this nothing can happen or everything can happen or something in between." He said in this case the consequences had been something "in between". "His actions on the night were violent and they were dangerous. I accept that. And his actions in going up to the victim and effectively king-hitting him were unjustified and disproportionate." Keegan said there was an element of provocation, but it was only proximate. "Clearly Mr James should've thought better about what he was doing and continued on home." Keegan said his client had taken part in a restorative justice process, was remorseful and had apologised to his golf buddy and his wife, who was present during the assault. James had also completed 100 hours of community work off his own bat and sought counselling about his use of alcohol and quick temper. Police prosecutor Laura Blencowe acknowledged James' remorse and the work he had done since the assault, but said there was a level of premeditation to the attack. She sought a sentencing start point of 22 months jail, below the threshold of an electronically monitored sentence. Judge Gregory Hikaka acknowledged James' remorse and the rehabilitative efforts he had made since the offending, but also spoke of the emotional harm done to his victim. "It's a small town and it spread like wildfire and you know it was a massive mistake. "You say during the altercation that you felt disrespected ... and you made a bad decision going back in and that you saw red and wanted to hit him." Judge Hikaka also noted what James did for a living. "All that taken into account, including what you do for a living and your acknowledgement that you should've used you own tools for dealing with emotional turmoil, the overall tenor is that alcohol is certainly not your friend when it comes to managing your emotions." He sentenced James to 150 hours community service, nine months supervision and ordered him to pay $5000 in reparations to his victim. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
7 hours ago
- RNZ News
Police axing, redeploying roles around Canterbury
Arthur's Pass station is the only one to close. Photo: RNZ / Angus Dreaver Canterbury Police has released its controversial restructuring proposal, which includes cutting and redeploying roles around the district. Superintendent Tony Hill said Arthur's Pass station is the only one to close. However, sole charge station positions in St Andrews, Pleasant Point and Rakaia as well as two- and three-officer stations at Lincoln, Leeston, Amberley, Oxford and Culverden will also be scrapped. Family harm teams, drug and harm prevention officers, and school community officer positions are also proposed to be culled across Canterbury. The restructure will centralise services at larger stations and boost the number of beat cops with rural liaison officer roles also created. Feedback closes on 18 August.
Otago Daily Times
8 hours ago
- Otago Daily Times
Boot camps hailed as success despite majority reoffending
By Tuwhenuaroa Natanahira of RNZ Seven of the 10 young men involved in the controversial military-style academy (MSA) boot camp pilot reoffended, according to Oranga Tamariki. But the agency and its Minister is calling the programme a success, after eight of the original 10 participants successfully completed the first 12-month pilot. During the pilot, which has just concluded, participants ran away, one was kicked out of the programme and another was killed in a three-vehicle crash. Speaking to RNZ, acting senior manager in charge Iain Chapman said at the time the pilot began, the 10 participants were the "most serious and persistent young offenders in the country". Going into the pilot and expecting no reoffending would have been naive, he said. "After a three-month stay in the military-style academy [and] in the following nine months we have seen reoffending." The programme involved ten boys aged between 15 and 18. It was run out of the Te Au rere a te Tonga Youth Justice Residence. All the participants from the North Island and nine were Māori. The seven who reoffended were placed back into the residence for a period of time and, at the end of the MSA pilot, two were back in residence, Chapman said. Chapman said it would be difficult to break the cycle the young men had been exposed to from a young age, and the trauma they went through was something the "general public of New Zealand would never comprehend". "Offending was arguably a way of life for many of them. They had multiple instances of stays in the youth justice residential network from a young age." At an individual level, Chapman said, some the participants had turned their lives around. "One particular young man who has all but turned his back on his previous life, including his friend group - the negative influences. He's right in the thick of his rugby, which is really cool, and the coaching and the discipline that comes with that. He's reached out to have his tattoos removed, which is a fairly remarkable thing, in my view, for a young man to make that decision." Some of them were doing work experience in hospitality, labouring and sport. "These are kids that I know, that I've spoken to... just the little things like looking me in the eye as they shake my hand is quite a remarkable achievement." The programme was split into two phases: three months at the bootcamp and nine months out with the community. Chapman said while the bootcamp phase was arguably the most "intensive" he thought it needed to be longer. "The government has signalled a desire for it to be longer. About six months feels right to me, but of course, we've got to wait for the legislation to go through," he said. In a statement, Minister for Children Karen Chhour said while the pilot had only just closed, the feedback she had received was overwhelmingly positive. "The families of these young people have expressed great appreciation for the support they have been provided, such as accessing stable housing and parenting support services," she said. "Most importantly, many of the young people involved in the pilot have taken this opportunity to turn their lives around and are showing real promise." Chhour said "zero re-offending" was never a reality and the goal of the programme was to give the participants an opportunity to make "better choices". "It is wonderful to see that so many have taken this chance and made great progress - several have found employment or work experience, some have returned to sports and other activities that promote positive social development, the vast majority have shown greater personal responsibility and a desire to no longer victimise others."
