M v Police HC Hamilton CRI-2008-419-66

[2008] NZHC 1394

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2008-419-66

M

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         5 September 2008

Appearances: S Green for Appellant

S Cameron for Respondent

Judgment:      5 September 2008

JUDGMENT (NO. 2) OF COOPER J

Solicitors:

SK Green, PO Box 14, Whatawhata, Hamilton

Almao Douch, PO Box 19173, Hamilton

M V NEW ZEALAND POLICE HC HAM CRI-2008-419-66 5 September 2008

[1]      In accordance with the oral judgment that I delivered on 3 September 2008 I now formally allow this appeal  and quash the sentence of two  years  and  three months’ imprisonment that was imposed in the District Court.

[2]      In lieu thereof  I order that  the appellant  is  to  serve a sentence of  eight months’ home detention.  Home detention will be subject to the standard conditions and also to the following special conditions:

a)       The appellant is to travel directly to 20 Whittaker Street, Kihikihi, on the  day  of  his  release  and  await  the  arrival  of  the  supervising probation officer and monitoring company.

b)He is to reside at 20 Whittaker Street, Kihikihi, and not  to  move address without prior written approval of a probation officer.

c)       He is to attend and complete substance abuse counselling/treatment to the satisfaction of the probation officer and service provider

d)He is to attend a violence prevention programme to the satisfaction of the probation officer and service provider.

e)       He is not to possess or consume alcohol or illicit drugs, other than prescribed medication for the duration of home detention.