Community Probation Service v McNaught HC Invercargill CRI 2010-025-1583

[2010] NZHC 882

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2010-025-001583

FINAL WARNING

COMMUNITY PROBATION SERVICE

Informant

v

RICKY MCNAUGHT

Defendant

Hearing:         11 June 2010

Appearances: Y Fox for the Informant

J Ross for the Defendant

Judgment:      11 June 2010

NOTES OF JUDGE K J PHILLIPS ON SENTENCING

[1]      I do not find it amusing at all.  To be quite honest with you you have ignored this sentence and for you to say “…I was too far out of town…” well that is not our problem.   It is your problem.   As far as I am concerned you have rejected this sentence and I was minded to stand you down in custody until next week to get a report as to whether you should go to prison.  I will not tolerate people such as you, arrogant, ignoring sentences of the Court.  You will do them as you are directed to do them.   The minimum is one day a week.   Whether you live in Waimatuku or

whether you live on the moon, it does not interest me.

COMMUNITY PROBATION SERVICE V MCNAUGHT HC INV CRI-2010-025-001583  11 June 2010

[2]      On this matter you are sentenced to 50 hours community work cumulative on the 150 hours.  It is increased by one third.  I am giving you a warning.  Any breach proved in this Court against you you will go to prison for two months.  It is as simple as that.  You will get no further opportunities.  I can see the arrogance emanating from you as you stand in the dock.  Stand down.

K J Phillips

District Court Judge