Department of Corrections v Holden

[2016] NZHC 486

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2014-085-006779 [2016] NZHC 486

UNDER	Section 80F(1) of the Sentencing Act 2002
BETWEEN	DEPARTMENT OF CORRECTIONS Applicant
AND	ANNETTE ALICIA HOLDEN Respondent

Hearing:	22 March 2016
Counsel:	S C Carter for Applicant Respondent in person
Judgment:	22 March 2016

JUDGMENT OF COLLINS J

[1]      The Department of Corrections (the Department) has applied to cancel the sentence of home detention, which I imposed on Ms Holden on 24 November 2015.1

[2]      The sentence of home detention will expire on 23 May 2016.

[3]      The  Department  has  made  the  application  because  Ms  Holden  has  been offered a placement in a residential rehabilitation facility.  Ms Holden would not be able to undertake electronic monitoring while attending a residential rehabilitation programme.

[4]      I  have  therefore  decided  to  accede  to  the  Department’s  request  that

Ms Holden’s sentence of home detention be cancelled to allow her to engage in the

residential rehabilitation programme.

1      R v Holden [2015] NZHC 2937.

DEPARTMENT OF CORRECTIONS v HOLDEN [2016] NZHC 486 [22 March 2016]

[5]      As the residential rehabilitation programme will conclude on 20 May 2016, I see no point in seeking a further pre-sentence report at the completion of the residential rehabilitation programme.

[6]      I have warned Ms Holden that any failure on her part to comply with the terms of the residential rehabilitation programme will result in her appearing before

me again.

D B Collins J

Solicitors:

Crown Solicitor, Wellington for Applicant