IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2011-091-3498 [2013] NZHC 1150
THE QUEEN
v
DAVID LAWSON
Hearing: 17 May 2013
Counsel: G Burston for the Crown
T Ellis and M Bott for David Lawson
Sentence: 17 May 2013
SENTENCING REMARKS OF MALLON J
Introduction
[1] Mr Lawson you don’t need to stand at the moment. When a sentence of preventive detention is sought there is a lot of material to go through and which needs to be explained.
[2] Mr Lawson you appear for sentencing today having been tried before a jury and convicted on one charge of aggravated robbery1 and one charge of kidnapping.2
I know you maintain your innocence and I have read your letter to me about the trial. I know you understand also that I am sentencing you on the basis of the jury
verdicts and the convictions entered in accordance with them.
1 Crimes Act 1961, s 235(c).
2 Section 209(b).
R V LAWSON HC WN CRI 2011-091-3498 [17 May 2013]
[3] The Crown seeks a sentence of preventive detention. There are some preliminary matters related to that, which you have heard counsel discuss this morning and which I wish to discuss first, before turning to the offending and the sentence that you are to receive.
[4] Two reports have been obtained as are required if a sentence of preventive detention is to be imposed. The report writers (Ms Waddington, a psychologist, and Dr Barry-Walsh, a psychiatrist) were required for cross-examination and that took place on Monday, 13 May 2013. At the conclusion of that your counsel provided submissions advancing the position that Ms Waddington’s report should not be accepted. This was on the basis that:
(a) Firstly, it is systematically inappropriate to appoint any psychologist from the Department of Corrections;
(b) Secondly, Ms Waddington’s behaviour in approaching the Crown for
advice disqualifies her or the Court from acting on her report; and
(c) Thirdly, Ms Waddington is insufficiently experienced.
[5] I do not accept the second or third points. Ms Waddington’s report is admissible and criticisms that are made potentially could go to weight. But Ms Waddington explained the limited nature of her inquiry of the Crown and she also explained her experience at the hearing on Monday. I am satisfied she has not aligned herself with the Crown and could not reasonably be viewed as having done so by her approach to the Crown. That in turn has not impacted upon the independence of the Court. I am also satisfied as to her experience. There was criticism of the information provided in her report. Important information said to be missing was however provided during the cross-examination hearing and subsequently.
[6] As to the systemic point, having reviewed the authorities referred to by your counsel, Mr Ellis,3 and others as well, 4 I have no concerns about receiving a report, as one of the many pieces of information before me, from a Corrections-employed psychologist.
[7] Yesterday I received further submissions about…
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- R v Lawson [2013] NZHC 1150
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- [2013] NZHC 1150
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