Bates v The Queen

[2016] NZCA 485

IN THE COURT OF APPEAL OF NEW ZEALAND

CA306/2016
[2016] NZCA 485

BETWEEN	THOMAS WESLEY BATES Appellant
AND	THE QUEEN Respondent

Hearing:	5 September 2016
Court:	Miller, Courtney and Woodhouse JJ
Counsel:	A M Dooney for Appellant A J Ewing for Respondent
Judgment:	6 October 2016 at 10.30 am

JUDGMENT OF THE COURT

AThe appeal is allowed and the sentence of imprisonment is quashed.

BA sentence of home detention for four months is substituted, with that sentence subject to the conditions recorded in this judgment.

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FURTHER REASONS OF THE COURT

(Given by Woodhouse J)

1. For the reasons recorded in the judgment of 23 September 2016[1] we held that, subject to provision of a suitable home detention residence report, the appeal against sentence would be allowed, the sentence of imprisonment quashed, and a sentence of four months’ home detention substituted.

   [1]Bates v R [2016] NZCA 456.

2. A home detention report, dated 4 October 2016, has been received from the Department of Corrections.  In light of that report the proposed home detention sentence may be confirmed.

3. The sentence of home detention is subject to the following conditions in addition to the standard conditions prescribed by s 80C of the Sentencing Act 2002:

   (a)The home detention residence is 44 Arcus Street, Raumanga, Whangarei.

   (b)The appellant is to travel directly to 44 Arcus Street, Raumanga, Whangarei immediately following his release from prison and await the arrival of the electronic monitoring company representative.

   (c)The appellant is not to purchase, possess or consume alcohol.

   (d)The appellant is to attend a full assessment and undertake such counselling and treatment for drug dependency as directed by the probation officer to the satisfaction of the programme provider and the probation officer.

   (e)The appellant is to attend an assessment for a departmental programme and, if found suitable, complete such departmental programmes and maintenance sessions as directed by the probation officer.

   (f)The appellant is to undertake any other such programmes/counselling to address his offending needs as deemed appropriate by the probation officer.

4. The sentence is also subject to post-detention conditions for four months, as follows:

   (a)To undertake assessments for drug use as directed by a probation officer.

   (b)If found suitable, to undertake and complete counselling/programme or treatment for drug use as directed by a probation officer and to the satisfaction of the counsellor/programme/treatment provider.

   (c)To attend assessments for a departmental programme and, if found suitable, to complete a departmental programme and maintenance sessions to the satisfaction of the programme facilitators.

   (d)To undertake and complete any such counselling as directed by a probation officer.

Solicitors:
Crown Law Office, Wellington for Respondent