R v F HC Christchurch CRI 2008-086-402

[2010] NZHC 1857

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2008-086-000402

REGINA

v

F

Hearing:         (On Papers) Judgment:  18 October 2010

JUDGMENT OF FOGARTY J

[1]      On  22  October  2009  Mr  F    was  sentenced  to  six  months  community detention and 300 hours community work.  He has applied to the Court to change the balance of his community work into a fine because he has started a new job share milking where he is currently working seven days a week as they have started calving.

[2]      His application is supported by the probation officer.   He reports that until July 2010 when he obtained this employment he has attended community work regularly and performed to an acceptable standard.  He has completed 203.75 hours of his sentence and has 96.25 hours outstanding.

Given his solid performance up until July 2010 and his change of circumstances in respect of his employment, Community Probation support his application.

[3]      He has no outstanding fines or reparation.

[4]      Mr F   received a sentence which was less severe than it could have been because of very significant community support for him and a judgment by the Court that he had a very good prospect of rehabilitation.

[5]      The Court is impressed that he has made this application with the suggestion that the remaining community hours be commuted to a fine.

[6]      In the circumstances I do not think that is necessary.   It would appear that there are very good prospects that Mr F   will not offend in the future, and that the sentence that was imposed has in that respect done its job.  Accordingly, the balance of the sentence for community work is cancelled.

Solicitors:

Raymond Donnelly & Co, Christchurch, for Crown

Barker & Associates, Christchurch, for Prisoner