Department of Corrections v Tagestad

[2012] NZHC 2171

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2011-009-003011 [2012] NZHC 2171

DEPARTMENT OF CORRECTIONS

v

MICHELLE JOY TAGESTAD

Hearing:         27 August 2012

(Heard at Christchurch)

Appearances: G Tyrrell for Accused

D J Orchard for Crown/Department of Corrections

Judgment:      28 August 2012

RE-SENTENCING REMARKS OF J WILLIAMS J

[1]     It is accepted that Ms Targestad should be re-sentenced to a term of imprisonment.  There is approximately five months to run on her sentence of eight months’ home detention, meaning the maths would require a term of ten months’ imprisonment on re-sentencing.  Ms Tagestad is, however, a drug addict and the most important aspect of her re-sentencing is that she enter the Salvation Army Bridge programme as soon as possible.  In my view, that should mean before the Christmas

shut-down on acceptances – that is before the 15th of December 2012.

[2]     Ms Tagestad, you are sentenced to six-and-a-half months imprisonment accordingly with special release conditions as indicated in the pre-sentence report,

namely:

DEPARTMENT OF CORRECTIONS V TAGESTAD HC CHCH CRI-2011-009-003011 [28 August 2012]

To  undertake  an  alcohol/drug  assessment  and  residential  treatment  as directed by a Probation Officer at the Salvation Army Bridge Programme upon release from imprisonment.

[3]      Otherwise standard release conditions.

J WILLIAMS J

Solicitors:

Weston Ward & Lascelles, PO Box 133339, Armagh, Christchurch 8141

Raymond Donnelly & Co, PO Box 533, Christchurch 8140 (Crown)