Mills v Ministry of Social Development

[2014] NZHC 3216

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-443-000029 [2014] NZHC 3216

DIANNE MARGARET MILLS

v

MINISTRY OF SOCIAL DEVELOPMENT

Hearing:	15 December 2014
Appearances:	J C Hannam for the Appellant A Brittan for the Crown
Judgment:	15 December 2014

JUDGMENT OF THOMAS J

Solicitors:

Hannam& Co. Lawyers, New Plymouth.

C&M Legal, New Plymouth.

MILLS v MINISTRY OF SOCIAL DEVELOPMENT [2014] NZHC 3216 [15 December 2014]

[1]      This is an appeal against sentence of the appellant who was sentenced to reparation of $27,000, community work and community detention on a total of 14 charges.

[2]      The appeal is brought on the basis that the sentence of community work was

inappropriate in the circumstances, particularly given the appellant’s health.

[3]      The respondent appears today but essentially agrees to abide.  It has not taken a position on the appeal.

[4]      The sentencing Judge at paragraph 5 of his decision said:1

On balance I have decided not to set Ms Mills up to fail and I will not sentence Ms Mills to community work, notwithstanding the advice that I have received information during the sentencing [sic] that it is possible that Ms Mills could do light duties.

[5]      Notwithstanding that comment and that, in his concluding comments, the Judge said he convicted and sentenced the appellant to community detention of six months and reparation, on the charge sheet a notation of 120 hours’ community work was made.

[6]      Both counsel accept today that effectively this matter could have been dealt with simply by referring it back to the sentencing Judge as a clear error.   The sentencing Judge, however, is not resident in New Plymouth.   He was a visiting Judge and for that reason, the matter is being dealt with on appeal.

[7]      I am satisfied that the sentence of community work was imposed in error.  A

different sentence should be imposed and that is a sentence of $27,000 reparation

and six months’ community detention.

1         Ministry of Social Development v Mills DC New Plymouth CRI-2014-043-001265, 17

October 2014.

[8]      For that reason, the appeal succeeds and the community work sentence is

quashed.

Thomas J