Jones v Police

[2013] NZHC 1852

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2013-463-45 [2013] NZHC 1852

BETWEEN  COREY JONES Appellant

ANDNEW ZEALAND POLICE Defendant

Hearing:                   9 July 2013

Appearances:           G Schweizer for Appellant

L Owen for Respondent

Judgment:                24 July 2013

FINAL JUDGMENT OF LANG J [on appeal against sentence]

This judgment was delivered by me on 24 July 2013 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

COREY JONES v NEW ZEALAND POLICE [2013] NZHC 1852 [24 July 2013]

[1]      On 9 July 2013, I delivered an interim judgment in which I indicated that I proposed to allow this appeal and impose a sentence of home detention on Mr Jones.[1]   I deferred giving final judgment because it was necessary to obtain a report from the EM Bail Assessor regarding the address at which Mr Jones wishes to serve that sentence. That report is now to hand.

[1] Jones v New Zealand Police [2013] NZHC 1732.

[2]      I do not propose to repeat the matters set out in my earlier judgment, other than to reiterate my observation[2] that the sentence will need to be longer than would normally be the case to reflect the fact that Mr Jones will require intensive rehabilitative assistance to address his underlying issues.

[2] Ibid, at [19].

[3]      The formal orders of the Court are as follows:

1.      The appeal is allowed.

2.      The sentence of 18 months imprisonment that Mr Jones received on 12

June 2013 is quashed.

3.In its place, and notwithstanding the fact that Mr Jones has already spent  approximately five weeks  in  custody,  I sentence him  to  nine months home detention on the following conditions:

a.      He is to be released from prison at a time convenient to the prison authorities on Friday, 26 July 2013.

b.      He is to travel from prison via the most direct practicable route to the address approved by Department of Corrections, and to await the arrival there of a representative of the monitoring company.

c.      Mr  Jones  is  to  serve  the  sentence  of  home  detention  at  that address and is to maintain a 24 hour curfew there.

d.     Mr Jones is not to leave the address without the prior written permission of his probation officer.

e.      Mr Jones is not to possess or consume alcohol or illegal drugs during the term of the sentence.

f.      Mr  Jones  is  to  attend  such  counselling  and/or  rehabilitation programmes as his probation officer may direct.

Lang J

Solicitors:

Crown Solicitor, Rotorua
Counsel:

G Swhweizer