R v Neil

[2017] NZHC 1978

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2016-087-000738 [2017] NZHC 1978

THE QUEEN

v

SHANE CHRISTOPHER NEIL

Hearing:

28 July and 18 August 2017

(Heard at HAMILTON)

Appearances:

R Jenson for Crown
R Laybourn for Defendant

Sentence:

18 August 2017

[FINAL] SENTENCING REMARKS OF LANG J

R v NEIL [2017] NZHC 1978 [18 August 2017]

[1]      On 30 June 2017 I delivered sentencing remarks in the High Court at Rotorua in which I found that an end sentence of one year 11 months imprisonment was an appropriate end sentence for you.1   That brought you within the range of a sentence of home detention.  For the reasons set out in my sentencing remarks at that time, I considered that a sentence of home detention would be appropriate provided you could find a suitable address.2

[2]      Not without some difficulty, you have now obtained a suitable address at which to serve a sentence of home detention.  You will be living at that address in Hamilton with your mother.   The EM bail assessors have visited the address and confirm that it is technically suitable for a grant of EM bail, and also that the occupants are suitable for such a grant.  I am therefore satisfied it is appropriate to sentence you to serve a sentence of home detention at that address.

[3]      I take into account the fact that you have now been subject to restrictive bail conditions  for  some  time.    I therefore  impose  a  sentence  of  ten  months  home detention to be served at the nominated address.  The conditions of that sentence will be as per the conditions contained in the EM bail assessor’s report.   In addition, I impose a further condition that you are not to be in possession of, or consume, alcohol or non-prescription drugs for the duration of the sentence.

[4]      Stand down.

Lang J

Solicitors:

Crown Solicitor, Tauranga

1      R v Neil, Te Whetu & Parangi [2017] NZHC 1494.

2 At [52].