Beazley v Department of Corrections

[2017] NZHC 568

IN THE HIGH COURT OF NEW ZEALAND

WELLINGTON REGISTRY

CRI 2014-085-6779

[2017] NZHC 568

BETWEEN

CALEB JACK BEAZLEY

Applicant

AND

THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:

27 March 2017

Counsel:

V C Nisbet for Applicant

P K Feltham for Respondent

Judgment:

27 March 2017

JUDGMENT OF COLLINS J

Introduction

[1]    On 29 August 2016 I sentenced Mr Beazley to 12 months’ home detention in relation to charges of supplying or offering to supply methamphetamine, conspiracy to supply methamphetamine and participating in an organised criminal group. That sentence was reached after adopting a starting point of six years and six months. Significant discounts were provided to reflect Mr Beazley’s rehabilitation, time spent on restrictive bail and the assistance he had offered authorities.

[2]    Mr Beazley has applied to vary the sentence of home detention to one of community detention so as to enable him to more easily attend a degree course he is undertaking at Massey University, Albany campus. That degree is in construction. Part of the degree involves site work.

BEAZLEY v THE DEPARTMENT OF CORRECTIONS [2017] NZHC 568 [27 March 2017]

[3]    After reviewing all evidence, and hearing directly from Mr Beazley, I have resolved to amend the sentence of home detention to one of nine months.

[4]This variation is made pursuant to s 80F(d) of the Sentencing Act 2002.

[5]There are two reasons why I have chosen to take this cause of action:

(a)First, Mr Beazley has responded very positively to the sentence of home detention. He has taken a number of steps towards his rehabilitation. These efforts are confirmed by the Department of Corrections and by the New Zealand Police. Amongst the evidence presented to me is a letter of support from Detective Sergeant Moore, the officer in charge of the Police investigation that led to Mr Beazley’s arrest.

(b)Second, the University programme that Mr Beazley has engaged in is further evidence of his determination to change his life. The sentence of 12 months’ home detention was the maximum sentence of home detention that could be imposed. In my assessment, it is in the interests of society and Mr Beazley that every step be taken to encourage his continued rehabilitation. That can best be achieved by reducing the term of home detention that Mr Beazley must serve.

[6]    The sentence of 12 months’ home detention that I imposed on 29 August 2016 will now come to a conclusion on 29 May 2017.

D B Collins J