By Al Williams, Open Justice reporter<\/p>\n
One of New Zealand\u2019s worst sex offenders remains a high risk and will again be subject to extended supervision, more than 20 years after he was placed under strict monitoring conditions.<\/p>\n
In 2004, Lloyd Alexander McIntosh became the first offender to be subject to a 10-year Extended Supervision Order (ESO).<\/p>\n
A new order was imposed in 2015. Now, the High Court has granted another 10-year term from the second\u2019s expiry in October last year.<\/p>\n
McIntosh, 52, was convicted of raping a 6-year-old in 1989 and having unlawful sexual connection with a 2-year-old in 1993.<\/p>\n
Shortly after he was released on parole for the latter offence, McIntosh\u00a0assaulted a 25-year-old intellectually handicapped woman in his bedroom while a state-paid minder waited outside the door.<\/p>\n
When the ESO was first granted, Corrections was going to house McIntosh in a rural town in Canterbury.<\/p>\n
But the community railed against that plan, and it was decided he would instead be\u00a0accommodated in a unit within the grounds\u00a0of Christchurch Men\u2019s Prison, where he remains.<\/p>\n
McIntosh has been subject to several\u00a0general and special conditions\u00a0including 24-hour monitoring, supervision on approved outings and prescription medication such as antilibidinal medication, used to control a person\u2019s sex drive.<\/p>\n
While he has not sexually reoffended since 2003, he has six convictions for breaching his ESO.<\/p>\n
The convictions led to prison sentences in\u00a02013,\u00a02019\u00a0and\u00a02022.<\/p>\n
The Department of Corrections made the latest application for an ESO on the grounds that McIntosh still had a pervasive pattern of serious sexual offending and remained at high risk of committing relevant sexual offences.<\/p>\n
In a recently released High Court decision, a doctor who gave evidence to support the application said McIntosh provided relatively little information about his thoughts, emotions, sexual urges or arousal, or decisions leading to his offences.<\/p>\n
That was consistent with his limited treatment progress in general and was considered likely to reflect a \u201csomewhat rote-learned understanding of his offending, potentially to the best of his ability given his cognitive functioning\u201d.<\/p>\n
McIntosh appeared to have some level of understanding of the potential impacts of his sexual offending at a cognitive level when asked specific questions, the doctor noted.<\/p>\n
However, his ability to apply and generalise understanding in a way that mitigated his risk or modified his behaviour had not yet been demonstrated.<\/p>\n
Justice Geoffrey Venning said the doctor\u2019s report confirmed McIntosh\u2019s risk of sexual reoffending remained high.<\/p>\n
In the decision, Justice Venning said McIntosh had demonstrated an intense drive to sexually offend and a clear predilection and proclivity for sexual offending, both historically within his pattern of sexual offending, and by way of periodic offence-paralleling behaviour while in the community, despite being subject to a high level of external risk management.<\/p>\n
\u201cWhile Mr McIntosh takes responsibility for his sexual offences, expresses remorse, and demonstrates at least a basic cognitive understanding of the impact of his offending on his victims, it is considered unlikely that this is present to a degree that would mitigate his risk and change his behaviour.\u201d<\/p>\n
Justice Venning considered whether McIntosh should be subject to an ESO of less than 10 years, given the length of time he had been subject to supervision and his age.<\/p>\n
Again, he supported the doctor\u2019s finding that there were no indications to suggest that McIntosh\u2019s risk would reduce within the 10-year period based on his functioning to date.<\/p>\n
Justice Venning noted that, given the length of time McIntosh had been subject to the order, a review of the 10-year order would be required within five years.<\/p>\n
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