IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE
CRI-2024-476-18 CRI-2024-476-19
CRI-2024-476-20 [2024] NZHC 3193
BETWEEN JAMES WILLIAM EDDINGTON
Appellant
AND
THE KING
Respondent
Hearing: 30 October 2024 Appearances:
T A McRae for Appellant
C J Mitchelmore and S M H McManus for Respondent
Judgment:
31 October 2024
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 31 October 2024 at 11.30 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
EDDINGTON v R [2024] NZHC 3193 [31 October 2024]
Introduction
[1] On 6 September 2024, Mr Eddington was sentenced to six months’ imprisonment on the following charges:1
(a)breach of release conditions (x 2);2
(b)possession of class C controlled drug (cannabis);3
(c)possession of a methamphetamine pipe;4
(d)possession of a knife;5
(e)possession of medicines;6 and
(f)breach of bail.7
Facts
[2] On 12 July 2023 the appellant was released on parole from Christchurch Men’s Prison where he had been serving a term of imprisonment for which he was sentenced in 2016.8 On the day of his release he was fully inducted into the requirements of his parole, including the special condition not to possess, use or consume alcohol, controlled drugs or psychoactive substances except for controlled drugs prescribed by a health a professional.
1 Police v Eddington [2024] NZDC 21557.
2 Parole Act 2002, s 71(1) — maximum penalty: sentence of imprisonment of one year or a fine not exceeding $2,000.
3 Misuse of Drugs Act 1975, ss 7(1)(a) and (2) — maximum penalty: sentence of imprisonment of one year or a fine not exceeding $500.
4 Misuse of Drugs Act, ss 13(1)(a) and (3) — maximum penalty: sentence of imprisonment of one year or a fine not exceeding $500.
5 Summary Offences Act 1981, s 13A — maximum penalty: sentence of imprisonment of three months or a fine not exceeding $2,000.
6 Medicines Act 1981, ss 46 and 78 — maximum penalty: sentence of imprisonment of three months or a fine not exceeding $500.
7 Bail Act 2000, s 24 — maximum sentence of imprisonment of three months or a fine not exceeding
$1,000.
[3] The appellant was recalled to prison and then, when released on 1 December 2023, he was again inducted into the requirements of his parole order.
[4] On 24 June 2024, the appellant was instructed to report to the Transport Drug Detection Agency van for drug and alcohol testing. Mr Eddington reported as required and completed a urine sample for alcohol and drug testing. The sample was tested as invalid and synthetic. This gave rise to the first charge of breaching parole conditions.
[5] On 9 July 2024 Mr Eddington explained to Probation that his address was no longer suitable and he was of no fixed abode. They acknowledged that and gave him an instruction to report twice weekly, with his first report to be on 12 July 2024. Mr Eddington did not report…
Continue reading Eddington v The King
Sign in free to access the full text
- AGLC
- Eddington v The King [2024] NZHC 3193
- Case
- [2024] NZHC 3193
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.