R v H HC Whangarei CRI 2008-088-4632

[2009] NZHC 1840

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2008-088-004632

THE QUEEN

v

H

Appearances: M B Smith for the Crown and Probation

M A Gardam for the Prisoner

Judgment:      24 June 2009

SENTENCING NOTES OF PRIESTLEY J

Solicitors:

M B Smith, Crown Solicitor, P O Box 146, Whangarei 0140. Email: [email protected]

M A Gardam, P O Box 659, Whangarei 0140. Email: [email protected]

R V H HC WHA CRI 2008-088-004632  24 June 2009

[1]      Ms H  , as you will remember, on 4 February of this year I sentenced you to a term of nine months home detention.  I expressed to you at the time that this was a lenient sentence because I wanted to extend to you a chance.

[2]      What you faced when you appeared before me was a charge of possessing cannabis for supply and a second representative charge of selling cannabis.   The appropriate sentence to which you should have been sentenced were you not eligible for home detention would have been an end sentence of one year and ten months. All these matters are extensively set out in my sentencing notes of 4 February 2009.

[3]      Unfortunately you have not played ball with the home detention regime and there is an affidavit from Ms Crisp which makes it very clear you have been slack in observing times and privileges extended to you.  For that reason the authorities, as they are entitled to, have brought two charges against you of failure to comply with home detention conditions without reasonable excuse.  Both those charges relate to breaches by you in Whangarei in April 2009.

[4]      I understand that you have had difficulties with your new home detention address and maybe the environment at 21 Dakota Place was not the best for you.  I do not need to go into that.  For whatever reason, and your counsel accepts that you have done this, two days ago you signed a formal document saying that you wished to withdraw your consent to continuing to serve the sentence of home detention.

[5]      What I intend to do is this.  In very rough terms from February to June 2009 you had served approximately 44% of the nine months home detention term which I imposed on you.  If I were to factor that 44% into what would otherwise have been this Court’s sentence of one year and 10 months that would reduce to a 10 month sentence which you would have to serve.

[6]      I am conscious of the fact, however, that you have been remanded in custody for  approximately  a  month  on  the  two  charges  you  faced  under  s 80S  of  the Sentencing Act and that you would not otherwise get credit for that remand in custody on two other charges in respect of the sentence which otherwise would have been imposed on you in February 2009.

[7]      So what I am going to do is this:

a)        The  sentence  of  home  detention  which  I  imposed  on  you  on  4

February 2009 is cancelled.

b)On the two informations in the Whangarei District Court, which I direct are to come up to this Court, those are CRN 09088500512, CRN 09088500513, you are convicted and discharged.

c)       I sentence  you  with  effect  from  today  to  a  term  of  nine  months imprisonment.

d)I give you leave to re-apply for home detention in the event of a suitable home detention address becoming available.

e)       I also impose as post-release conditions any continuation of the life skills type of course which I note I directed in my sentencing notes of

4 February 2009.  There is also a direction you be given any necessary special assistance to cope with any drug abuse problems or financial problems which you may have had.

..........................................… Priestley J