Galloway v The Queen

[2015] NZHC 1201

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-404-000094 [2015] NZHC 1201

BETWEEN

DANIEL MALCOLM GALLOWAY

Appellant

AND

THE QUEEN Respondent

Hearing:	2 June 2015
Counsel:	R Mansfield for Appellant ZR Hamill for Respondent
Judgment:	2 June 2015

JUDGMENT OF ASHER J

Solicitors/Counsel:

R Mansfield, Auckland. Crown Law, Wellington.

GALLOWAY v R [2015] NZHC 1201 [2 June 2015]

[1]      I issued an interim judgment on 15 May 2015.   I had in that judgment concluded that I should allow the appeal and substitute for the sentence of imprisonment that was imposed, a sentence of eight months’ home detention.   I could not, however, allow the appeal and finalise the sentence until a home detention report had been prepared and made available to the Court.

[2]      Such a report has now been prepared and filed and I am advised that the address  and  the  occupant  has  been  assessed  as  suitable for  the  proposed  home detention sentence.  I therefore have the jurisdictional basis to allow the appeal and substitute the sentence as proposed.

[3]     The appeal is allowed.   The sentence of two years and four months’ imprisonment is quashed.  In substitution Mr Galloway is sentenced to eight months’ home detention  (a  sentence which  takes  into  account  the time already spent  in custody).

[4]      The end sentence therefore is eight months’ home detention on the following

terms:

(a)       The home detention address is 549 Glenfield Road, Glenfield.

(b)      The home detention sentence commences tomorrow, 3 June 2015.

The existing bail terms are to continue until tomorrow.

(c)       Mr   Galloway  is   to   reside   at   the   home   detention   address   of

549 Glenfield Road, Glenfield for the duration of his home detention sentence.

(d)He is not to consume alcohol or illicit drugs for the duration of the home detention sentence.

(e)       He     is     to     undertake     drug     counselling     and     any     other counselling/treatment/programme as directed by his probation officer.

(f)      The  ultimate  daily terms  of  the  home  detention  are  to  be  set  by Mr Galloway’s probation officer.   However, one of the reasons for substituting the sentence of home detention is to allow him to attend his  Unitec  Certificate  of Applied Technology (Automotive) programme which involves him attending from 8.30 am to 4.30 pm Tuesday to  Friday of  each  week.    Thus  it  is  understood  that  the probation officer will from tomorrow approve Mr Galloway attending the course at that time.   It is also envisaged that initially he will be driven to and from Unitec by his aunt, Ms Torpy.   However, it may well be with the probation officer’s approval this could change to him travelling to and from Unitec by public transport or some other mode as is approved by the probation officer.

……………………………..

Asher J