R v B HC Tauranga CRI-2009-070-4244

[2009] NZHC 1832

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2009-070-4244

THE QUEEN

v

B

Hearing:         19 and 23 June 2009 (Heard at ROTORUA)

Appearances: Mr D J McWilliam for Crown

Mr P T Attwood for Prisoner

Judgment:      23 June 2009

SENTENCING REMARKS OF LANG J

Solicitors:

Crown Solicitor, Tauranga
Counsel:

Mr P T Attwood, Tauranga

R V B HC TAU CRI-2009-070-4244  23 June 2009

[1]      Ms B  , in my sentencing remarks on 19 June 2009, I indicated that I would be prepared to sentence you to home detention provided I was satisfied that that was physically feasible.

[2]      I have now received confirmation that the landline to your property is to be dedicated to the monitoring process.  For that reason there is no physical impediment to home detention from that perspective.

[3]      I have also received the documents signed by you in which you consent to a sentence of home detention.  I therefore sentence you to five months home detention on the following conditions:

a)       You are to travel directly from Court to 86A Gluepot Road, Oropi, Tauranga and await the arrival of a Probation Officer in the security company at that address.

b)You  are  to  reside  at  86A  Gluepot  Road,  Oropi,  Tauranga  or  an address approved by the Probation Officer.

c)       You are not to purchase, possess or consume alcohol or illicit drugs for the duration of the sentence of home detention.

d)You  are  to  attend  an  assessment,  counselling,  programmes  or treatment for alcohol and drugs as directed by the Probation Officer and  to  the  satisfaction  of  the  Probation  Officer  and  the  service provider.

e)       You are to submit to drug testing to be undertaken on a three weekly basis at your own expense as directed by the Probation Officer.

[4]      Stand down.

Lang J