Hansen v Department of Corrections HC Christchurch CRI-2011-412-000034

[2011] NZHC 1884

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2011-412-000034

NIGEL HANSEN

Appellant

v

DEPARTMENT OF CORRECTIONS

Respondent

Hearing:         Dealt with on the papers

Appearances: L Herbke for Appellant

R P Bates for Respondent

Judgment:      26 October 2011

FINAL JUDGMENT OF CHISHOLM J

[1]      A home detention appendix advising that Mr Hansen is suitable for home detention has been received.

[2]      The  appeal  is  allowed,  the  sentence  of  imprisonment  is  quashed,  and Mr Hansen  is  now  sentenced  to  three  months  home  detention  subject  to  the following conditions:

(a)      To  present  himself  at  62 South Road,  Caversham,  Dunedin,  on Thursday 27 October 2011 at 9 a.m. or such time as the probation officer shall direct and to await the arrival of a probation officer.

(b)To reside at 62 South Road, Caversham, Dunedin, in accordance with the conditions of home detention.

HANSEN V DEPARTMENT OF CORRECTIONS HC CHCH CRI-2011-412-000034 26 October 2011

(c)       To attend employment or training programmes only if approved and directed by the probation officer.

(d)Not to consume alcohol for the duration of the sentence of home detention.

(e)       To comply in all respects with the extended supervision order.

[3]      Leave is reserved to counsel to seek a telephone conference if any of the foregoing conditions require further consideration.

Solicitors:

Aspinall Joel, P O Box 1384, Dunedin 9054
Wilkinson Adams, PO Box 803, Dunedin 9054