H v R HC Auckland CRI 2007-092-11143

Case

[2008] NZHC 1181

25 July 2008

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-092-011143

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: Applicant in Person

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:
I F West, PO Box 76049,Manukau City 1702

Mary K H  , 8A Locke Avenue, Hillsborough, Auckland 1041

H V R HC AK CRI 2007-092-011143  25 July 2008

[1]      This is an application for variation of the sentence of home detention.  It has been made by a probation officer on behalf of the offender, Mary Katarina H  .

[2]      Mr Down for the Crown, offers no opposition to it and having read the affidavit filed in support of the application I consider that orders may appropriately be made.

[3]      Essentially the application is granted on the grounds set out in s 80F(1)(c) of the Sentencing Act 2002 on the basis that due to a change of circumstances the home detention address that originally applied is no longer appropriate.

[4]      I vary the sentence as sought in the application and direct that the address where the sentence of home detention is to be served is 8A Locke Avenue, Hillsborough.

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