R v L HC Auckland Cri-2009-057-1462

[2009] NZHC 2380

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2009-057-001462

THE QUEEN

v

L

Judgment:      26 November 2009 at 9:00 am

JUDGMENT OF COURTNEY J

Counsel:             D Wallwork, P O Box 764500, Manukau City 2241

Fax: [phone]

Copy to:             Probation Service – J Stadler

R V L HC AK CRI-2009-057-001462  26 November 2009

[1]      On 30 October 2009 I sentenced Mr L   on charges of possession of methamphetamine and possession of cannabis.  The offending was at a relatively low level and Mr L   had pleaded guilty.   I imposed a sentence of 200 hours community work and also required Mr  L   to complete a course of drug counselling as directed by his Probation Officer.

[2]      It has since been drawn to my attention that the requirement to complete a course of drug counselling could not be combined directly with the sentence of community work but required a sentence of supervision, under which a direction could  be  issued  for  Mr  L    to  complete  such  counselling.    This  was  an oversight on my part and, presumably, counsel did not realise the omission either.  It is clearly desirable for Mr L   to complete a course of drug counselling and I accordingly impose, in addition to the sentence of community work, a sentence of 12 months supervision with a direction that Mr L   complete a course of drug

counselling as directed by his Probation Officer.

P Courtney J