R v Paul HC Dunedin CRI 2010-002-267

[2010] NZHC 2392

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI 2010-002-000267

REGINA

v

NATHAN JASON PAUL

Hearing:         15 December 2010

Counsel:         R D Smith for Crown

M Newell for Prisoner

Judgment:      15 December 2010

JUDGMENT OF FOGARTY J

[1]      Mr Paul you come back on an application that the sentence of home detention be set aside by reason of the fact that you breached a condition of that sentence in that you consumed unlawful drugs, namely, cannabis, on the premises.

[2]      You were found in possession of a pipe and some cannabis.   There is no suggestion you were dealing from the premises.   You have not opposed this application and that is wise.  It was a very stupid breach on your part but it is simply not possible to overlook that breach and if you had opposed the application I would have come into Court minded to the view that there was no alternative but to go back

to the prison sentence.

R V PAUL HC DUN CRI 2010-002-000267  15 December 2010

[3]      As to a prison sentence, I am of the view that the correct approach for me is to follow the assessment by Chisholm J on 24 November.  He assessed a sentence of imprisonment of 16 months, after reaching a starting point of two years and allowing a discount of one-third.

[4]      I do take into account that you have done two weeks of home detention which is, on the normal scales we work on, equivalent to a sentence of imprisonment of one month, because sentences of imprisonment are adjusted, of course, by entitlements to parole.

[5]      Therefore I conclude that the appropriate substituted sentence to the sentence of home detention is a sentence of imprisonment of 15 months.  That is the sentence I now impose today.

[6]      As to the charges of possession of the pipe and possession of cannabis, you have in fact paid a serious penalty as a consequence of this offending by losing the benefits of home detention and being sent to prison.  So, on those charges you are convicted and discharged.   On the charge of breach of home detention you are convicted and discharged.

[7]      There will be two special conditions upon release, as follows:

1.To undertake an assessment for alcohol and drug counselling and complete treatment/counselling as directed by the Probation Officer and to the satisfaction of the treatment provider.

2.To  attend  an  assessment  for  short  rehabilitative  programme.    To attend and complete an appropriate short rehabilitative programme if and as recommended by the assessment to the satisfaction of your Probation Officer and programme provider.  Details of the appropriate programme to be determined by your Probation Officer.

[8]      These conditions are to run six months post release.

Solicitors:

Wilkinson Adams, Dunedin, for Crown
M Newell, Dunedin, for Prisoner