R v C CRI 2009-002-566 HC Dunedin

[2010] NZHC 236

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI 2009-002-000566

REGINA

v

C

Hearing:         11 March 2010

Counsel:         R D Smith for Crown

A Stevens for Prisoner

Judgment:      11 March 2010

SENTENCING REMARKS OF FOGARTY J

[1]       C   you appear for sentence on a number of charges:  seven charges of offering to sell a Class C controlled drug, cannabis;  seven of possession; and, two of selling.   My sentencing remarks to you will be brief this morning.

[2]      You have been given a chance to build a new life by going back to Hamilton where you will live with your mother.  I have also been influenced by the assessment of your doctor that, because of a history of depression, imprisonment may not be an appropriate sentence for you.  I have also taken into account your comparative youth and the policy of Parliament, as reflected in the Sentencing Act 2002, to try to keep young people like you out of jail.

[3]      I want you to understand though that this is a chance that you are being offered.  It is very unlikely that you will get it again.  You have, to your credit, a

very good work history.  You are an intelligent young man.  You have had a very

R V C HC DUN CRI 2009-002-000566  11 March 2010

unfortunate experience of injustice at the hands of the Court.  These things happen I

am afraid.  It does appear to have led to the unsettling nature of your life.

[4]      On the two charges of selling cannabis you are sentenced to seven months home detention, and I will set out the conditions in a moment.  On the other charges you are convicted and discharged.

[5]      The conditions of home detention are:

•    You are to be at 12 Pamela Place, Melville, Hamilton, at 4 pm on

Tuesday, 16 March, to await the arrival of the probation officer.

•You are to reside at that address in accordance with the conditions of home detention.

•You are to attend employment or training programs only if approved and directed by the probation officer.

I would add here that I would expect that you would be able to get employment in

Hamilton because of your skills and that that would be a good thing.

•You are not to be in possession of or consume alcohol or drugs at any time while subject to home detention.

I would add that that is a very important condition Shane.

•Finally, you are to attend and complete such counselling or programs as directed by the probation officer to the satisfaction of your probation officer to address the issues underlying this offending.

[6]      Mr C  , I have not sentenced you to community work over and above the home detention.  I have done that really in recognition that you did suffer an earlier injustice.  You would normally have got something like that.  I am conscious when people suffer serious injustices because Court proceedings go awry they can often be bitter for the rest of their lives.  So you have got to put it behind you and get back on track.

Solicitors:

Wilkinson Adams, Dunedin, for Crown

Anne Stevens, Dunedin, for Prisoner