Department of Corrections v Cooper HC Auckland CRI 2007-044-1261

[2010] NZHC 758

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-044-1261

BETWEEN  DEPARTMENT OF CORRECTIONS Applicant

ANDDAMION JOHN COOPER Respondent

Hearing:         25 May 2010

Appearances: N Williams for Applicant

Respondent appears in person

Judgment:      25 May 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr Cooper on 15 July 2008 you were sentenced in this Court for cultivating cannabis.   Your sentence was nine months home detention, 110 hours community work, and reparation of $2,000.

[2]      You successfully completed the first two components of that sentence but you did not pay reparation.  An application was brought for review of your sentence and on 26 March the Court ordered that Corrections prepare a report.

[3]      That report is now to hand.  It appears that you have committed no further offences and you are in employment.  You have paid $50 per week, according to the report, a total of $200, so far and you are assessed as able to pay $50 per week until the reparation is paid.

[4]      On that basis I am satisfied that it is not necessary to vary the sentence by imposing a term of community work.

DEPARTMENT OF CORRECTIONS V DAMION JOHN COOPER HC AK CRI 2007-044-1261 25 May 2010

[5]      The  report  writer  recommends  a  further  remand  to  ensure  that  you  are making regular payments.   The current schedule will have you making your last payment on 20 January 2011.

[6]      I do not propose to remand you to appear again, such a long time in the future, but rather, what I am going to do is simply to record that in the event that you stop making payments, a further application can be made and is likely to result in you serving a period of community work.

Miller J

Solicitors:

Crown Solicitor’s Office, Auckland for Applicant