JASON THOMAS SCULLY AND NEW ZEALAND POLICE

[2024] NZHC 2654

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2024-441-000022

[2024] NZHC 2654

BETWEEN

JASON THOMAS SCULLY

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	(On the papers)
Counsel:	L P F Lafferty for Appellant A V Bryant for Respondent
Judgment:	13 September 2024

JUDGMENT OF LA HOOD J

(Result decision - appeal against sentence)

[1]        This matter is scheduled for a hearing on 18 September 2024. However, the respondent concedes the appeal should be allowed and the parties have consented to the appeal being determined on the papers.

[2]       Having considered the parties’ submissions, I agree the appeal should be allowed. I therefore allow the appeal and quash the order that the grant of leave to apply for home detention is conditional upon the proposed address being a residential drug and alcohol rehabilitation facility. My reasons will follow.

La Hood J

Solicitors:

Leo Lafferty, Napier for Appellant Crown Solicitor, Napier for Respondent

SCULLY v NEW ZEALAND POLICE [2024] NZHC 2654 [13 September 2024]