Burns v Police

[2021] NZHC 3383

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2021-443-20

[2021] NZHC 3383

KENNETH JOHN BURNS

v

NEW ZEALAND POLICE

Hearing:	On the papers
Appearances:	J H C Waugh for Mr Burns J E Bourke for the Crown
Judgment:	9 December 2021

JUDGMENT (NO 2) OF COOKE J

[1]    By judgment dated 30 June 2021 I allowed Mr Burns appeal against sentence and substituted a sentence of 21 months’ imprisonment for the 27 months’ imprisonment imposed by the District Court.1 This meant that the sentence of imprisonment was one of short duration. In terms of release conditions no special conditions were sought or imposed at the time meaning that only the standard release conditions applied.

[2]    By application dated 23 November Ms Sarah Millynn, a probation officer, applies to vary the release conditions under s 94(3)(a) of the Sentencing Act 2002. She has sworn an affidavit of the same date setting out the reason the special condition is sought.

1      Burns v New Zealand Police [2021] NZHC 1589.

BURNS v NEW ZEALAND POLICE [2021] NZHC 3383 [9 December 2021]

[3]The proposed special condition is:

To attend a psychological assessment with a Departmental psychologist. Attend and complete any treatment/counselling as recommended by the psychological assessment to the satisfaction of a Probation Officer and treatment provider.

[4]    She explains that Mr Burns has taken positive steps in prison, although his general attitude has been aggressive towards staff at times. He has not participated in any formal rehabilitative programmes while in prison, and the special condition is designed to improve his reintegration into the community. She reports that Mr Burns himself believed it would be helpful, and that he would comply with the condition if it was imposed.

[5]    The application has been provided to counsel for Mr Burns who has indicated that it is consented to. I agree that the conditions are appropriate and I specify the above special conditions accordingly. They will expire six months after the sentence expiry date.

Cooke J

Solicitors:

Crowley Waugh, Whanganui for Mr Burns Crown Solicitor, New Plymouth for the Crown