Mist was jailed in 2003 for 20 years for sexual offences against girls between 1998 and 2002, and for killing his 17-year-old partner, Barbara Miller, in 2002. He was acquitted of murder but found guilty of her manslaughter.
Mist was aged between 17 and 20 when he committed his crimes.
He was released from prison just months before his two-decade sentence was due to expire, but Corrections pre-emptively applied for the order because Mist had not completed programmes in prison.
Such an order is imposed when a high-risk sex offender or a very high-risk violent offender is released into the community.
In the Court of Appeal’s decision, it outlined Mist as a violent offender who was at a “very high risk” of re-offending. His failure to complete programmes meant he still posed a risk to society.
“Although more than two decades have since passed, we accept [registered psychologist Ruth] Pracy’s evidence that Mr Mist’s intense drive to commit a relevant sexual offence persists,” the decision said.
“While Mr Mist’s failure to fully accept responsibility for his offending does not rise to the level of categorical denial, the fact that he has not undertaken any treatment to address his risk of sexual offending is concerning.”
Mist’s lawyer Andrew Bailey had argued on appeal there wasn’t enough material for the order to be made and the relevant criteria which had to be met under the Parole Act weren’t clearly defined in the High Court decision.
However, today’s decision said the court was satisfied the mandatory requirements for the ESO were met and the High Court was correct in granting the order.
Despite showing improved self-regulation while in prison, the question of a deficit in self-control re-emerging was a “significant risk”.
“As it stands, we are not satisfied that his remorse and understanding are yet at a level where they would act as protective factors against potential future victims,” the decision said.
“When taken together, these lead us to the clear conclusion that Mr Mist presents a high risk of committing a relevant sexual offence in future,” the decision said.
The court said it remained open for Mist to apply to vary or discharge the order, with guidance on his risk to become clearer as he spends more time in the community.
However, for the moment, the order was upheld.
Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.
