R v Larcombe HC Timaru CRI 2010-045-762

[2010] NZHC 2266

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI 2010-045-000762

REGINA

v

NICOLE JANE LARCOMBE

Hearing:         15 December 2010 (Heard at Dunedin)

Counsel:         R D Smith for Crown

M J de Buyzer for Prisoner

Judgment:      15 December 2010

SENTENCING REMARKS OF FOGARTY J

[1]      Nicole Jane Larcombe you appear for sentence on a number of charges, most of which are in respect of cannabis.  There are 16 charges of procuring/offering to sell cannabis by way of text messaging;  one charge of procuring cannabis, two of offering to supply Ritalin; one offering to supply Ecstasy; one attempting to procure Ritalin.  The main offending is in respect of the cannabis dealing.

[2]      You are 22 years old.  You have been living with a man and you have been under  his  influence  I  think.     You  have  not  had  any  previous  drug  dealing convictions.  You have, as a result of this same matter pleaded guilty to possession of equipment for taking cannabis and possession of cannabis plant, for which you

were fined.  You have not previously been to jail.

R V LARCOMBE HC TIM CRI 2010-045-000762  15 December 2010

[3]      The Crown, in its written submissions from the Crown Prosecutor in Timaru and assisted today by Mr Smith, recognised in the light of sentencing around the country that this case is a balanced one in terms of whether you are given a short jail sentence or given a significant home detention sentence.

[4]      I have taken into account that you have now served two months in jail which I am sure has been a bit of a shock to you.  You have shown remorse.  You have written a genuine letter to me.  You have the support of your parents and your father is prepared to take you in under home detention, away from Oamaru, the scene of the associates who have been influencing you.

[5]     You have a report which indicates that you have good prospects for rehabilitation.     In  the  light  of  the  now  number  of  authorities  following  the amendment in 2007 of the Sentencing Act 2002, including the decision of R v Hill [2008] 2 NZLR 381, and other cases, the Court having had a signal from Parliament, regularly sentence in this kind of offending to home detention, and particularly so when the offender is young and has good prospects of rehabilitation.

[6]      So I have decided to sentence you to home detention on all the charges, concurrently.  I have taken into account that you have served the equivalent of a four month sentence of imprisonment.  But equally I think that you do need a good spell of time with your father and with the support of your mother and you do need to get your cannabis habit beaten.

[7]      So I am going to sentence you to nine months’ home detention with the following conditions:

1.        You are to be at 8 Harris Street, Waimate, at 9 am on Thursday,

16 December 2010 and there await the arrival of the probation officer and a staff member of the electronic monitoring company.

2.You are to remain abstinent from alcohol and illicit drugs and not to be in possession of such items for the duration of the sentence.

I want to say something about that.  This morning a young man was before the Court who had been found in possession of some cannabis and a pipe while on home detention.  He has gone straight to jail.

3.You  are  to  be  assessed  by  the  Alcohol  and  Drug  Service  and undertake and complete any counselling or programme recommended in the assessment to the satisfaction of the service provider and the probation officer.

4.You are to abide by the rules and regulations pertaining to home detention.

5.You  are  not  to  undertake  any  employment  without  the  written permission of the probation officer.

That is worded sort of negatively, but with a bit of luck you will retain some employment, and I encourage you to endeavour to do so.

[8]      I understand you will be travelling back to Waimate tonight.  I am not going to make a formal order but the above conditions are made on that assumption.

[9]      After home detention you will have post detention conditions which is:

•To be assessed by the Alcohol and Drug Service and undertake and complete any counselling or programme recommended in the assessment  to  the  satisfaction  of  the  service  provider  and  the probation officer.

[10]     There will orders for forfeiture of:  the cash held by the police in the sum of

$295.90, and the cellphone.

[11]     Ms Larcombe this is your chance to turn over a new leaf.

Solicitors:

Crown Solicitor, Timaru, for Crown
Berry & Co, Oamaru, for Prisoner