R v D HC Gisborne CRI 2010-416-65

[2010] NZHC 866

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY

CRI 2010-416-65

THE QUEEN

v

D

Hearing:         7 May 2010

Appearances: R Collins for Crown

V Thorpe for D 

Judgment:      7 May 2010

SENTENCING REMARKS OF ALLAN J

Solicitors:

Crown Solicitor Gisborne

V Thorpe, Gisborne

R V D HC GIS CRI 2010-416-65  7 May 2010

[1]      Mr  D  ,  in  March  I  indicated  that  an  appropriate  custodial sentence would have been one year eight months imprisonment, but that for the reasons I then gave, I considered home detention was appropriate.   However, sentencing did not proceed because no suitable home detention address had been identified.

[2]      In  a  home  detention  report  dated  26  April  2010,  an  address  has  been identified.  It is a unit in a block of apartments owned by your present employer who is not involved in these offences, and who I accept is a person who is both able and willing to provide the supervision and support you require.  I am satisfied in all the circumstances that it is appropriate to sentence you to home detention at that address.

[3]      Accordingly,  you  are  sentenced  to  10  months  home  detention  upon  the following conditions:

a)       You  are  to  proceed  directly  to  unit  4/531  Whangara  Road,  State Highway 35, Tatapouri, Gisborne, there to await the arrival of your probation officer and the installation of a home detention connection;

b)You are to reside at that address and not to move from it without the prior written approval of a probation officer;

c)       You are to attend an alcohol and drug assessment at Awhina House, Gisborne, or at a similar approved agency, and you are to complete such on-going counselling as is deemed appropriate in the course of that assessment to the satisfaction of the supervising probation officer and the service provider;

d)You are to attend any other counselling or rehabilitative programme as is directed by the supervising probation officer;

e)       You are to abstain from the consumption of alcohol and illicit drugs for the duration of your sentence of home detention.

[4]      Mr D  , as I mentioned to you earlier, you are the beneficiary of a degree of leniency on the part of the Court.  This is a once only opportunity to make something of your life.  It is your task now to ensure you do not make a mess of it. If you appear again on any of those charges you cannot count on any leniency at all.

[5]      The conditions I have imposed will be difficult to comply with but they are not impossible.  If difficulties arise, you must first contact the probation officer.  On any serious breach you will find yourself back in Court, and the possibility will then be the Court will consider substituting the sentence you would otherwise have received.  The future is in your own hands.

C J Allan J