Tyreese Stuart Fleming, 20, will try for a second time this month to get an early release from prison after being turned down by the Parole Board in May.
Javarney Wayne Drummond, 15, Niko William Hill, 15, Jack "Jacko" Wallace, 16, Joseff "Joey" McCarthy, 16, and Andrew Goodger, 15, were all killed when the Nissan Bluebird they were travelling in smashed into a concrete power pole on August 6 2021.
The impact was so severe, it sliced the car in half.
Fleming - then 19 - was driving and was the only survivor.
He was on a restricted licence, speeding and had been drinking alcohol before getting behind the wheel.
Fleming was charged with five counts of manslaughter but later pleaded guilty to five lesser charges of dangerous driving causing death.
In June 2022 he was sentenced to two-and-a-half years in prison.
In May this year Fleming became eligible for parole but the board refused to grant him an early release.
The board will reconsider Fleming’s bid for freedom this month.
Board panel convenor Martha Coleman said Fleming was being housed in a youth unit at Christchurch Men’s Prison where he had engaged "positively in all the programmes and activities.
"The Principal Corrections Officer said his behaviour in the unit was unsettled at first, reflecting his impulsivity and immaturity, but he has now settled down," Coleman said.
"They worked on a plan together which Mr Fleming is now engaged in. That plan includes him speaking up about what is happening."
Fleming spoke to the board about the night of the crash.
"(He) said that he did not intend the deaths of his friends that night although he acknowledged that his actions on that night were deliberate ones," Coleman explained.
"The board also raised with him a concern that he was not truly remorseful.
"Mr Fleming said that he will forever be sorry about what happened that day and that he feels ‘shit’ about it."
The board put to Fleming that he is considered "an ongoing risk" because of his "risk-taking, his drinking and his rule-breaking behaviour.
"Mr Fleming accepted that he was a risk at the time of the offending but said that he had learnt skills to ensure that he now thinks about the consequences of his actions before taking them," said Coleman.
"He said he will do that because he does not ever want anything like this to happen again. He said that the incident that night has made him realise that actions do have consequences and will be mindful.
"He also said that he has not had one drink since that night."
Coleman said the board discussed the "ongoing emotional harm" Fleming had caused the families of his victims.
"Prior to the hearing, the board met with three families of Mr Fleming’s victims… We explained to Mr Fleming that it was the clear view of all we spoke to that (he) should be serving his whole sentence," said Coleman.
"The victims felt that if he were released today, it would represent a prison term of two months only for each of the boys that died in the car that day.
"In response to that Mr Fleming said that he understands why the victims would want him to serve his whole sentence.
"He also said that he understood the significance of the impact that the deaths of their son, grandson and brother would have had on them."
Coleman said Fleming had been assessed as "posing a low risk of further offending".
Because of that, he is not suited to youth rehabilitation programmes.
However, due to the seriousness of the offending he was jailed for, he is expected to have a "brief psychological intervention" to complete a safety plan for his release.
Fleming proposed a release address to the Parole Board but it was told it would not be approved for victim reasons.
"The Board also considers that it needs to also deal with how he can manage peer pressure," said Coleman.
"Due to the wide public knowledge and interest in his original offending, as well as his age and vulnerability, a high level of support is going to be required for Mr Fleming on release.
"He needs to have a safety plan that is effective as well… In our view, there is still some work for Mr Fleming to do before he could safely be released on parole."
Coleman said the board was also concerned that "no firm plan" had been submitted as to how Fleming would be supported to "remain abstinent of substances in the community.
"The Board understands from speaking with Mr Fleming today that alcohol is the main concern," she said.
"He said that he did not take drugs.
"Mr Fleming’s case manager said that once an address is known then that work can start but until that time it is unclear where that support would need to be based."
Coleman said all factors considered there was no way Fleming could be released until his safety plan was strengthened.
"He has been working hard to develop skills to mitigate his risk-taking behaviour and understands the importance of thinking through the consequences of his actions before he acts," she explained.
The board heard that alternative accommodation may have been available for Fleming by this month.
That would have required a formal parole hearing in August.
Coleman said that was simply not appropriate.
"On being advised that August is the anniversary of the deaths of these five young men, the board has moved the next scheduled hearing to September," she said.
Fleming’s sentence will end on December 28 2024 - unless he is granted parole earlier.
Even if that happens he will be subject to a number of conditions and could be recalled to prison if he breaches those or reoffends.
