R v P HC Auckland CRI 2007-004-798

[2008] NZHC 2193

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-004-00798

THE QUEEN

v

P

Hearing:         27 November 2008

Appearances: P J Kaye for Prisoner

K P Cato for Crown

Judgment:      27 February 2008

SENTENCE OF KEANE J

Solicitors:

Crown Solicitor, Auckland

R V P HC AK CRI 2007-004-00798  27 February 2008

[1]      P  , on 22 November 2007 I imposed on you a sentence of nine months home detention on standard and special conditions for attempting to supply, on 8 January 2007, the class A controlled drug methamphetamine. On 22 February

2007, for the reasons that I then gave, I cancelled that sentence under s 80F(d)(iv) of the Sentencing Act 2002, in order to impose on you instead a sentence of imprisonment.

[2]      When I sentenced you to home detention I told you that the sentence that I would otherwise have imposed was 18 months imprisonment. Nine months home detention was nevertheless appropriate because you could have expected to be released halfway through that sentence, after nine months. In sentencing you now to imprisonment, in place of home detention, the reverse applies and I have also to take into account under s 80G(2) the extent to which you have served the sentence now cancelled. Six months of that sentence remains to be served.

[3]      To impose on you an actual term of imprisonment of six months, taking into account your entitlement to be released halfway through any sentence imposed, I must impose on you a sentence of 12 months imprisonment. You will be entitled to be released from that sentence at the time when you would have been released from the sentence of home detention.

[4]      You are sentenced to 12 months imprisonment.

P.J. Keane  J