N v Police HC Dunedin CRI-2006-412-58

[2006] NZHC 1625

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI-2006-412-58

N

Appellant

v

THE POLICE

Respondent

Hearing:         19 December 2006

Appearances: J. Westgate for Appellant

M. Grills for Respondent

Judgment:      19 December 2006

JUDGMENT OF HON. JUSTICE JOHN HANSEN

[1]      N   has appealed against the sentence imposed on her in the District Court for a number of offences.  I have spoken to both Mr Westgate and Ms Grills for Crown.  While the appellant was granted leave to apply for home detention, she is young and has, for the effective purposes of this offending, no relevant previous convictions.  The other two offenders have very significant previous offences going back over a number of years.

[2]      The Crown properly identified the fact that Ms N  , despite those factors, had a full involvement in this offending.

N V THE POLICE HC DUN CRI-2006-412-58  19 December 2006

[3]      However, it seems to me this is a matter that should be dealt with under s 100 of the Sentencing Act.  She has been granted leave to apply for home detention.  In view of the factors I have identified I treat those as exceptional, and I defer the start of the sentence for two months from the date of sentence.

[4]      The  matters  raised  by  Mr  Westgate  in  his  written  submissions  can  be reviewed properly by the Parole Board.

Solicitors

J. Westgate, Dunedin for the Appellant

Crown law, Dunedin for Respondent