R v Matthews

[2013] NZHC 2674

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-090-819 [2013] NZHC 2674

THE QUEEN

v

KATHLEEN MAHUE MATTHEWS

Hearing:                   15 October 2013

Appearances:           W N Fotherby for Crown

J Verry for Prisoner

Judgment:                15 October 2013

(ORAL) JUDGMENT OF LANG J

[on application for cancellation of sentence of home detention]

R v KATHLEEN MAHUE MATTHEWS [2013] NZHC 2674 [15 October 2013]

[1]      On 8 February 2013, I sentenced Ms Matthews to ten months home detention on two charges of being in possession of the class C controlled drug cannabis for supply.     I  imposed  concurrent  sentences  on  two  further  charges  of  being  in possession of utensils.1

[2]      Ms   Matthews   was   arrested   on   23   April   2013   after   having   served approximately two and a half months of the sentence.   Her arrest followed the execution by the police of a search warrant at the address at which Ms Matthews was serving her sentence of home detention.  As a result of items found in the police search she now faces further charges of being in supplying methamphetamine, being in possession of methamphetamine for supply,  being in possession of  LSD and receiving.

[3]      Ms Matthews has remained in custody since the date of her arrest.   The Corrections Department has now applied for an order that the sentence of home detention be cancelled and replaced with a sentence of imprisonment.  Ms Matthews does not oppose the application.

[4]      The only issue is the length of the sentence that I should now impose, having regard to the fact that Ms Matthews has partially served her sentence of home detention.  A further issue arises to the fact that Ms Matthews has been in custody since 23 April 2013 on both the present charges and the new charges in respect of which she was arrested at that time.

[5]      Counsel have conferred and have agreed that the only matter I need to take into account is the extent to which Ms Matthews has served her sentence of home detention.  They agree that any time spent in custody awaiting re-sentence today will be administratively taken into account by the parole authorities.

[6]      A sentence of two and a half months home detention equates roughly to five months   imprisonment.      Counsel   agree   that   I   should   deduct   five   months

imprisonment   from   the   original   end   sentence   of   one   year   seven   months

1      R v Matthews [2013] NZHC 119.

imprisonment.      This   produces   an   end   sentence   of   one   year   two   months imprisonment.

[7]      I  therefore  grant  the  application  by  the  Corrections  Department.    The sentence of home detention is now cancelled.  In its place I substitute a sentence of one year two months imprisonment on the lead charges of being in possession of cannabis  for  supply.    On  each  of  the  remaining  charges,  I  impose  concurrent sentences of three months imprisonment.

[8]      Stand down.

Lang J

Solicitors:

Crown Solicitor, Auckland

Counsel:
J Verry, Henderson