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Department of Corrections v Mosen [2020] NZDC 11123

Published 03 February 2023

Reserved decision — extended supervision order — violent offending — “persistent harbouring of vengeful intentions” — "eligible offender" — "vengeful" — Parole Act 2002, ss 107B, 107C, 107F, 107I & 107IAA — Chief Executive, Department of Corrections v Alinizi [2016] NZCA 468 — Chief Executive of the Department of Corrections v C J W [2016] NZHC 1082 — Department of Corrections v McCord [2017] NZHC 744 — Chief Executive of Department of Corrections v Paul [2017] NZHC 1294 — Chief Executive, Department of Corrections v Amohanga [2017] NZHC 1406 — Chief Executive, Department of Corrections v Paniora [2018] NZHC 1505 — Chief Executive of the Department of Corrections v Waiti [2019] NZHC 3256 — Moeke v Chief Executive of the Department of Corrections [2010] NZCA 60. The applicant sought an extended supervision order (ESO) against the respondent. The applicant submitted that the respondent had a pervasive pattern of serious violent offending, and that was a very high risk that he would commit future violent offences. The respondent argued that there was not enough evidence to show that he had a “persistent harbouring of vengeful intentions” towards one or more persons: a consideration that the Court would have to take into account when deciding if there was a high risk that he would commit future violent offences. The Court found that the respondent's conviction history showed that he did have a pervasive pattern of serious violent offending. The Court further considered that a series of psychological assessments of the respondent showed characteristics including an intense drive to commit acts of violence, extreme aggressive volatility, and limited self-regulation. The main issue in the proceedings was whether the respondent harboured persistent vengeful intentions. The psychological evidence suggested that the respondent had a persistent pattern of briefly harbouring vengeful intentions towards others. After reviewing the authorities, the Court concluded that this was enough to meet the requirement of "persistent harbouring of vengeful intentions”. Also, such a finding would be consistent with the purposes of an ESO. The application was granted. The new ESO was to last five years. Judgment Date: 3 July 2020. * * * Note: This decision was overturned by the Court of Appeal. * * *