H v R HC Auckland CRI 2006-092-14131

[2008] NZHC 1182

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2006-092-014131

UNDER  the Sentencing Act 2002

IN THE MATTER OF     an application for variation of the Sentence of Home Detention under s80F of the Act

BETWEEN  H

Applicant

ANDTHE QUEEN Respondent

Hearing:         25 July 2008

Appearances: A G Speed for Applicant

J C Down for Respondent

Judgment:      25 July 2008

JUDGMENT OF COOPER J

Solicitors:

Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland 1140

Copy to:

A G Speed, PO Box 941, Shortland Street, Auckland 1001

H V R HC AK CRI 2006-092-014131  25 July 2008

[1]      An application has been made by a probation officer, Mr van Zyl to vary the sentence imposed on Mr H  .

[2]      In essence it is put forward on the basis that the home detention residence of

33 Halberg Place, Papakura is no longer suitable.  The Probation Service is satisfied that there is an alternative address at which the balance of the sentence of home detention can be served.    That  address  is  at  66A  Churchill  Road,  Cockle  Bay, Howick.

[3]      By consent, and being of the opinion that the order is appropriately made having  regard  to  s 80F(1)(c)  of  the  Sentencing  Act  2002  I  vary  the  sentence accordingly and I direct that the balance of the sentence of home detention is to be served at 66A Churchill Road, Cockle Bay, Howick.