Mabbett v Police HC Dunedin Cir 2011-412-30

[2011] NZHC 1914

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIR 2011-412-30

CHRISTOPHER LEONARD MABBETT

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         25 November 2011

Appearances: The Appellant in person

R D Smith for the Respondent

Judgment:      25 November 2011

ORAL JUDGMENT OF WHITE J

Solicitors:           Crown Solicitors, Dunedin: [email protected]

Copy:                C L Mabbett, 15C Lanark Street, Mosgiel

MABBETT V POLICE HC DUN CIR 2011-412-30 25 November 2011

[1]      Mr Mabbett  appeals  against  his  sentence  of  350  hours community work imposed on 16 September 2011 in the District Court at Dunedin on one charge of male assaults female under s 194 of the Crimes Act 1961 for which the maximum penalty is two years’ imprisonment.

[2]      Mr Mabbett, who appeared for himself, explained that the sentence of 350 hours community work was difficult for him to complete because of his job as a shearer in Middlemarch and he was seeking an alternative sentence of community detention.   Mr Smith for the Crown accepted that in the circumstances raised by Mr Mabbett it would be appropriate for the District Court to consider an alternative sentence of community detention.

[3]      With the agreement of Mr Mabbett and counsel for the Crown, I therefore allow the appeal, quash the existing sentence of community work, remit the case to the District  Court  on  Friday 2  December 2011  (a nominal  date) for  a  date for resentencing to be fixed, and in the meantime I direct that a pre-sentence report be prepared,  together  with  an  appendix  as  to  the  suitability  of  an  electronically

monitored sentence.

D J White J