Eastham v Police

[2013] NZHC 40

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-404-000345 [2013] NZHC 40

BETWEEN  KYLE RICKY EASTHAM Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         On the papers

Counsel:         P Borich for Appellant

J Wall for Respondent

Judgment:      1 February 2013

FINAL JUDGMENT OF VENNING J

This judgment was delivered by me on 1 February 2013 at 4.30 pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Crown Solicitor, Auckland

Copy to:            P Borich, Auckland

EASTHAM V NEW ZEALAND POLICE HC AK CRI-2012-404-000345 [1 February 2013]

[1]      The interim oral judgment (insofar as it related to Mr Eastham’s appeal) of 27

November 2012 refers.

[2]      Counsel  have  confirmed  that  Community  Corrections  have  approved  the address of 38 Mack Place, Papakura as a place at which Mr Eastham could serve the sentence of the home detention contemplated by the Court in the judgment.

[3]      On that basis I make the following orders.  The existing sentence is cancelled and substituted by the following sentence:

(a)       Five months home detention commencing 5 February 2013 on the recommended special conditions:

(i)       on 5 February the accused is to travel directly to the address of

38  Mack  Place,  Papakura  and  await  the  arrival  of  the monitoring company and the supervising probation officer;

(ii)to reside at 38 Mack Place, Papakura and not to move from that address without the prior written approval of a probation officer;

(iii)not to consume, possess or purchase alcohol or illicit drugs for the duration of the sentence;

(iv)to  undertake any other counselling  programmes  as  may be directed by and to the satisfaction of the probation officer.

(b)      A reparation of $643.21 is ordered.

(c)       The  appellant  is  disqualified  from  holding  or  obtaining  a  motor

vehicle driver’s licence for a period of six months commencing 26

September 2012.

(d)      The existing community work sentence is cancelled.

Venning J