Harwood v The Queen

[2012] NZHC 1399

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2010-004-006472 [2012] NZHC 1399

BETWEEN  BARRY VICTOR HARWOOD Applicant

ANDTHE QUEEN Respondent

Hearing:         19 June 2012

Appearances: J E Boyack for Applicant

J M Jelas for Respondent

Judgment:      19 June 2012

JUDGMENT OF COURTNEY J

Solicitors:           Meredith Connell, P O Box 2213, Auckland 1140

Fax: [phone] – J Jelas

Counsel:             J E Boyack, P O Box 911485, Auckland 1142

Fax: [phone] – Email: [email protected]

HARWOOD V R HC AK CRI-2010-004-006472 [19 June 2012]

[1]      Mr Harwood was due to be sentenced on 22 June 2012 on a charge of manslaughter to which he has pleaded guilty.  Mr Boyack has applied to have that date adjourned until a date in August.   He wishes to obtain a further psychiatric report and, possibly, advice from counsel regarding the manner in which alcohol addiction ought to be taken into account on sentencing.

[2]      Ms  Jelas  opposes  the  application  on  the  ground  that  there  is,  in  reality, nothing  to  be  gained  by  these  additional  advices  and  that  the  matter  has  been dragging on for an unacceptably long time, the offence having occurred in 2010.

[3]      Mr Boyack has belatedly added into the mix his own unavailability until 19

July 2012.   With some reluctance,  because  I accept  all  of the reservations  and concerns that Ms Jelas has expressed, I will adjourn the sentencing until 7 August

2012.  I do so noting the possibility that Mr Boyack may not be able to obtain all of the advice he wishes by that date, although it ought to be enough time.

[4]      This  ought  to  be  the  only  adjournment  of  this  sentencing  date.    I have reservations about the utility of the material Mr Boyack wishes to place before the

Court and this indulgence ought to be the only delay in sentencing.

P Courtney J