Howard v Police

[2015] NZHC 105

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2015-404-387 [2015] NZHC 105

DENISE HOWARD

v

NEW ZEALAND POLICE

Hearing:	9 February 2015
Appearances:	D Matthews for the Appellant K Eastwood for the Respondent
Judgment:	9 February 2015

ORAL JUDGMENT OF THOMAS J

Solicitors:

Public Defence Service, Auckland. Meredith Connell, Auckland.

HOWARD v NEW ZEALAND POLICE [2015] NZHC 105 [9 February 2015]

[1]      The appellant has been charged with six counts of theft.  She was sentenced

to six months’ imprisonment with six months’ release conditions.

[2]      For the reasons which will be given in my written decision, the appeal is allowed.

[3]      The appellant has served three weeks imprisonment already.

[4]      The Crown accepts that the guilty plea discount should in the circumstances have been the full allowance of 25 per cent which would have resulted in a five month sentence of imprisonment.

[5]      I take that into account and note that the Crown does not disagree that, in those circumstances, if the appeal is allowed, a combination of community work and supervision would be appropriate.

[6]      The sentence which I impose after having allowed the appeal is a sentence of

250 hours of community work and 12 months supervision.   The conditions of supervision are to be of those in the pre-sentence report dated 13 January 2015, that is:

(a)      She attends and completes an appropriate departmental programme to the satisfaction of a probation officer, the specific details to be determined by a probation officer.

(b)She undertakes and completes appropriate assessment, treatment and counselling as directed by and to the satisfaction of a probation officer

to address the causes contributing to the offending.

Thomas J