R v Bosson

In the High Court of New Zealand, Alison Jane Bosson was convicted of selling small quantities of cannabis. The District Court had declined jurisdiction as it could only impose a sentence of up to 12 months' imprisonment, which was deemed inadequate. The High Court was required to determine an appropriate sentence. The court considered the purposes and principles of sentencing, including accountability, deterrence, denunciation, and rehabilitation. The court also considered the gravity of the offence, the level of culpability, and the seriousness of the offence in comparison to others. The court found that the offence fell within category two from R v Terewi, which includes small-scale dealing for commercial purposes. The starting point for this category was between two and four years' imprisonment. The court considered the amount of cannabis involved, the pattern of dealing, and the offender's early guilty plea. The court also considered the offender's personal circumstances, including financial pressure, lack of alcohol or drug dependency issues, and issues with gambling. The court was concerned about the offender's living arrangements, which had a reputation as a 'tinnie house'. The court imposed a term of eight months' home detention, together with 75 hours' community work. The court also imposed special conditions, including prohibitions on alcohol and non-prescription drugs, attendance at assessments and treatment programmes, and attendance at a parenting course.
The court ordered the offender to travel directly to the address of 432 Broadway, Stratford, and await the arrival of a Probation Officer and monitoring company representative. The offender was to remain at the address for the duration of the home detention unless with prior written approval of a Probation Officer. The offender was not to possess or consume alcohol or non-prescription drugs for the duration of the home detention. The offender was to attend an assessment for substance abuse and, if assessed as suitable, attend and complete any education, counselling or treatment programme as may be recommended to the satisfaction of the Probation Officer and the programme provider. The offender was to attend an assessment for budgeting advice and, if found suitable, to attend and complete any programme as may be recommended to the satisfaction of the Probation Officer and programme provider. The offender was to attend and complete a parenting course as may be directed to the satisfaction of the Probation Officer and the programme provider. The offender was to attend such appointments and responsibilities relating to the welfare and education of their dependent children as directed by the Probation Officer.