R v Ohuka
[2020] NZHC 105
•7 February 2020
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2017-085-3023
[2020] NZHC 105
THE QUEEN v
PARIS OHUKA
Hearing: 7 February 2020 Counsel:
S K Brennan for Crown
K F Preston for Defendant
Sentence:
7 February 2020
SENTENCING NOTES OF THOMAS J
[1] Ms Ohuka was sentenced by me on 13 December 2018 to community detention and intensive supervision with judicial monitoring.1 The community detention has been completed. The intensive supervision sentence came to an end in December last year. That was the last date of the judicial monitoring.2
[2] Unfortunately, it transpired that, despite the good progress that Ms Ohuka had made during the course of intensive supervision, during the last three months or so, her personal circumstances meant that her performance had fallen away. This resulted in the Department laying a charge of breach and an application to vary her sentence. There is quite a bit of background surrounding what had happened to Ms Ohuka. She
1 R v Ohuka [2018] NZHC 3304.
2 R v Ohuka CRI-2017-085-3023 Minute of Thomas J, 13 December 2019.
R v OHUKA [2020] NZHC 105 [7 February 2020]
had changed her living arrangements, the father of her young baby was released from prison but there had been difficulties with that, and the baby unfortunately, and challengingly for Ms Ohuka, suffers from very bad eczema.
[3] It was essentially agreed at the hearing in December that a further period of intensive supervision would be appropriate to ensure that the last pieces of the supporting measures which Ms Ohuka requires were able to be completed. It was intended that the breach would then be withdrawn.
[4] Ms Ohuka has appeared this afternoon and candidly acknowledges that she has had a difficult time and she agrees that psychological counselling would be an advantage for her. Ms Revell, for the Probation Service, has confirmed that the departmental psychologist will ensure that Ms Ohuka receives some sessions as a matter of priority. She has already been assessed as suitable.
[5] There is no formal pre-sentence report in respect of this application to vary the sentence, but of course Ms Revell is in Court today and we have had a relatively candid exchange of views, including those of the Crown, who support the proposed course of action.
[6] For those reasons, a further sentence of six months’ intensive supervision is imposed. That does reflect the fact that the 12 months original sentence has expired but it also reflects the fact that there was at least three months or so when steps which should have been taken under the sentence were not taken.
[7] There will also be judicial monitoring. As I noted, I have seen a considerable change in Ms Ohuka throughout the period of intensive supervision and I would like to ensure that we actually get to the end. So the next date will be in three months’ time, 5 May 2020 at 9.30 am.
[8] One further matter is the breach and Ms Revell has confirmed, as has Mr Brennan for the Crown, that the charge of breach of her sentence is to be withdrawn. That is to be called in the Hutt Valley District Court next Tuesday. I have expressed my view that, in all the circumstances, notably Ms Ohuka having attended
today and with a very young baby, and given the charge is to be withdrawn, her attendance should be excused and I trust that that will occur.
[9] I would also like to express my thanks to Mr Preston for his continued attention to Ms Ohuka and attending Court, and no doubt spending considerable time outside of Court, in respect of her sentence and this judicial monitoring. I expect that to continue and I request Legal Aid to ensure that he is appropriately recompensed for his efforts over the next six months.
Thomas J
Solicitors:
Crown Solicitors Office, Wellington
And to: L Revell, Probation Officer, Department of Corrections, Lower Hutt
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