Probation v McLaren

[2017] NZHC 1114

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CIV 2015-004-3439

[2017] NZHC 1114

BETWEEN

JASMIN CAIRNS OF AUCKLAND, PROBATION OFFICER
Applicant

AND

RYAN MCLAREN

Respondent

Hearing:

26 May 2017

Appearances:

Heeni Hawe for Applicant

No appearance of Respondent

Judgment:

26 May 2017

RESULT JUDGMENT OF DUFFY J

[1]                  Jasmin Cairns of Auckland, probation officer, filed an application to this Court for an order cancelling the sentence of home detention for Ryan McLaren that I imposed on 28 June 2016 and requesting the Court consider imprisonment as a substituted sentence.

[2]                  For reasons which I will deliver in due course, I was satisfied that the sentence of home detention should be cancelled and accordingly I did so, exercising the powers available to me under s 80F(4)(c) of the Sentencing Act 2002. I declined to impose a substitute sentence.

[3]Accordingly, the sentence imposed on Mr McLaren was brought to an end.

PROBATION v MCLAREN [2017] NZHC 1114 [26 May 2017]