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Home / New Zealand

Sex offender denied parole, jailed indefinitely

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
10 Mar, 2015 10:53 PM5 mins to read

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Johnathan Andrew Smallbon. Photo / Christchurch Star

Johnathan Andrew Smallbon. Photo / Christchurch Star

One of the country's worst sex offenders jailed indefinitely after he subjected a man to an horrific 17-hour attack six months after he was deported from Australia for similar offending has told the Parole Board he is too much of a risk to be released.

Read also: Victim says male sex attacker should be locked up forever

Johnathon Andrew Smallbon was sentenced to preventive detention by consent in 2007 after he admitted the attack on a 24-year-old man in Christchurch.

Johnathan Andrew Smallbon, one of the country's worst sex offenders. Photo / Christchurch Star
Johnathan Andrew Smallbon, one of the country's worst sex offenders. Photo / Christchurch Star

Smallbon was being monitored by police at the time as he was considered a high risk of reoffending. He had been deported from Australia six months earlier after serving seven years in prison for sex attacks on two young men aged 14 and 16 in Sydney.

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He moved into a boarding house in mid-2006 in December, lured his 24-year-old neighbour into his room under the premise of helping move furniture.

Smallbon held a knife to the man and tied him up on the bed using a telephone cord. He cut the victim's clothes away, gagged him with his own sock and threatened to kill him.

The sexual attack continued for 17 hours, and before Smallbon let the man go he throttled him until he could not breathe.

Smallbon was sentenced to preventive detention, meaning he will remain in prison until the Parole Board deems him suitable for release. Even then he would remain managed by Corrections for the rest of his life and can be recalled to prison at any time.

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Smallbon became eligible for parole in December, but he advised the board he would not attend his hearing.

"He says that he does not want to be released. He feels at risk to others," said his parole decision, released to the Herald.

The decision revealed that Smallbon started sexually offending against males when he was 15.

"It involved kidnapping, detaining the victim at knifepoint, forced sex and strangulation... Some were known to him; others were complete strangers."

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While in prison in Australia Smallbon began a sex offender treatment programme but was exited from it because he was aggressive and abusive towards staff and other inmates.

During his current sentence he had participated in 65 individual psychological counselling sessions but indicated he had gained "little" from them. He is not able to attend sex offender treatment programmes until he reduces his high security classification.

Johnathan Smallbon during his appearance in the Christchurch District Court on 17 January 2007. Photo / Christchurch Star
Johnathan Smallbon during his appearance in the Christchurch District Court on 17 January 2007. Photo / Christchurch Star

In January the board made a postponement order, meaning instead of being considered for parole in 12 months, Smallbon had to wait for three years. Again, Smallbon chose not to appear at the hearing.

"He signed a waiver, adding an abusive message," the board said.

"The bottom line is that Mr Smallbon is assessed as posing a high risk of violent and sexual offending... Clearly he does not want to be released, and there is no possibility of that for the foreseeable future. Many things have to change before his risk will not be undue."

Background

When Johnathan Smallbon was in police custody in Australia for attacks on two young men he told psychologist Geoffrey Ballard anger over his sexual orientation led to years of loneliness and unhappiness - and ultimately his offending against other males.

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The insight into Smallbon's mind is revealed in New South Wales Court of Criminal Appeal reports. Smallbon had been brought up in North Canterbury and attended Swannanoa School before moving to Rangiora. Then he went to Australia, where his father
lived, in 1995.

Smallbon left school in Year 9 and from the age of 16 was using marijuana and drinking heavily. He was sexually abused by an older man. He also claimed that a friend his own age initiated sexual contact with him, leading him to attempt suicide three times.

Ballard's report reveals he said that he was a homosexual, and could not be open about his sexual orientation as he had been brought up to believe that it was wrong. He admitted he wanted to experiment sexually with men, but said his primary motivation was to release his anger.

Ballard said Smallbon had "directed his aggression and violence against a male society with which he desperately wanted to connect, but which, at the same time, he hated".

"Mr Smallbon has been, and is, a disturbed and confused young man," he said.

On July 2, 1998, Smallbon appeared in court for the first time on charges of kidnapping, indecent assault, committing acts of indecency with a person under 16 and assault causing bodily harm.

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His victim was a 16-year old youth who approached Smallbon's Sydney house collecting for the Arthritis Foundation.

Smallbon grabbed the boy and held a knife to his throat, pulling him inside the house.

He assaulted the boy and forced him to smoke cannabis and to perform sexual acts. He forced him to the floor, tied him up and choked him. Mr Ballard said for a long time Smallbon had fought against his sexual orientation and gender identity.

"He has a sense of shame, guilt and low self esteem, living his life in isolation. Gender disorder has resulted in anger and aggression leading to criminal offences," he said.

Smallbon had turned to drugs to escape the reality of his isolated and "very tortured" life.

Smallbon was held in custody for his attack on the charity collector for ten weeks before being released on bail. Thirteen days later he attacked a 14-year-old boy, kidnapping, sexually assaulting and choking him in a prolonged attack. Smallbon was sentenced to
seven years and nine months with a non-parole period of four years. Having served his
sentence, he was deported to New Zealand in August 2006.

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He returned to Rangiora, but soon moved to Christchurch, where his offending
began again.

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