R v Dickson

[2023] NZHC 2732

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CRI-2021-070-001570

[2023] NZHC 2732

THE KING

v

JAMES BRADLEY DICKSON

Hearing:	29 September 2023
Appearances:	G Banuelos for the Crown M Jenkins for the Defendant
Judgment:	29 September 2023

ORAL JUDGMENT OF LANG J

[on application to cancel sentence of home detention]

Solicitors/counsel: Gordon Pilditch, Rotorua M Jenkins, Rotorua

R v DICKSON [2023] NZHC 2732 [29 September 2023]

[1]                 Mr Dickson, on 11 May 2023 you were sentenced to 11 months home detention after pleading guilty to a charge of importing cocaine.1

[2]                 Over the next three months you breached the sentence of home detention on several occasions by leaving your address without authorisation and failing to charge your electronic bracelet. In addition, you failed to keep an appointment at which a urine specimen was to be taken to ensure you were complying with a condition prohibiting you from consuming non-prescription drugs. On 4 September 2023, you pleaded guilty in the District Court to two charges of breaching the sentence of home detention in these ways. You have been remanded in custody by the District Court for sentence on those charges on 10 November 2023.

[3]                 The Department of Corrections has now applied for an order under s 80F(1)(a) of the Sentencing Act 2002 (the Act) cancelling the sentence of home detention and substituting a sentence of imprisonment in its place. Section 80F(1)(a) and (4) of the Act permit the court to cancel a sentence of home detention and impose another sentence in substitution for it where an offender has failed to comply with the conditions imposed as part of the sentence of home detention. The convictions entered in the District Court mean that you have failed to comply with the conditions to which the charges in that Court relate. Jurisdiction therefore exists to cancel the sentence of home detention and impose a sentence of imprisonment in its place.

[4]                 You and your partner have sworn affidavits in opposition to the application. You acknowledge that you breached the sentence of home detention by leaving your address without permission and you do not attempt to make excuses for doing so. You say you were dealing with anxiety and depression at that time. Your grandmother was also sick during this period and you say that on some occasions you went to visit her. On other occasions you say you went for a drive to clear your head. Sadly, your grandmother passed away whilst you have been in custody and you were not able to be with her then and you could not attend her tangi. You say this is something you will regret for the rest of your life.

1      R v Dickson [2023] NZHC 1124,

[5]                 You point out that you have never been in prison before and your remand in custody has brought home to you how important it is to adhere to your home detention conditions. You say you do not want to return to prison. Your partner supports you in saying that you need to be out of prison and undertaking rehabilitative efforts. You say that you will seek to engage with a community-based service to obtain assistance for your acknowledged drug addiction coupled with mental health issues.

[6]                 Having regard to the unsatisfactory nature of the manner in which you have responded to the sentence of home detention, the application that you seek to oppose has obvious merit. It is clearly a matter of concern that you should breach the conditions of your sentence in several different ways within such a short period after it was imposed. Ordinarily I would readily conclude that you are unable to comply with the strict conditions that attach to a sentence of home detention and would grant the application.

[7]                 However, after reading your affidavit I am prepared to give you a final opportunity to demonstrate that you can comply with the conditions imposed as part of a sentence of home detention. My decision is influenced by the fact that there is no suggestion you committed any further offences whilst you were away from you home address without permission and authority. You need to know, however, that any further breaches of the sentence will inevitably result in the sentence being cancelled and a sentence of imprisonment imposed.

Result

[8]                 The application to cancel the sentence of home detention is accordingly dismissed. You  will resume serving the sentence of home detention once you obtain a grant of bail on the charges to which you have pleaded guilty in the District Court.

[9]                 Thank you Mr Dickson. This is a final warning. Corrections will apply again if you leave your address without authority. There is no point in that event filing another affidavit because no Judge will believe you.

[10]             So, good luck Mr Dickson in getting an early bail hearing in the District Court. My judgment will be available shortly and you are welcome to use that in the District Court.

Lang J