R v Reid HC Wellington CRI-2009-085-8992

[2011] NZHC 1831

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2009-085-8992

THE QUEEN

v

SHANE ANTHONY REID

Hearing:         21 November 2011

Counsel:         M Snape for Crown

T Ellis and G Edgeler for Prisoner

Judgment:      21 November 2011

SENTENCING NOTES OF MILLER J

[1]      Mr Reid, today is the day on which you were scheduled to be tried on two counts of arson of a prefabricated classroom at Wellington High School in December

2009.   You have pleaded guilty this morning following a sentence indication in which I indicated that the appropriate sentence would be one of intensive supervision with conditions.

[2]      The arsons as I said were committed in December 2009 in the early hours of the morning.  Significant damage was done to the building but there was no risk to human life.

[3]      You were arrested at the time and since then you have spent a year in custody and further time on bail. You have been in custody very recently.

[4]      Much of the time between 2009 and now has been taken up with ascertaining whether  you  were fit to stand trial or should  be dealt with under the Criminal

R V SHANE ANTHONY REID HC WN CRI-2009-085-8992 21 November 2011

Procedure (Mentally Impaired Persons) legislation.  It is clear that you labour under intellectual and social difficulties.  There is a very real question whether the criminal law  is  the  best  instrument  for  dealing  with  you.    It  is  unfortunately  the  only instrument which we have available.

[5]      At any rate, it is clear that if convicted and sentenced to imprisonment you would serve little further time, if any, and you would then be subject to post-release conditions.  In expressing that view I have had regard not only to your guilty pleas but  also  to  your  personal  circumstances  and  the  circumstances  of  the  arsons. Although  arson  is  always  a  serious  crime  these  were  by  no  means  the  worst examples.

[6]      What is needed in the circumstances is a sentence that manages so far as possible the risk that you present of further offending.  You have convictions for two prior arsons at two separate schools in 2004.  I am satisfied that there is a risk that you will reoffend if you are not well supported in the community.  I am grateful to the probation officer for appearing at short notice this morning and I am grateful to counsel for their assistance in discussing the terms of the sentence.

[7]      Your  sentence  will  be  intensive  supervision  for  12  months.    Standard conditions under s 54F of the Sentencing Act are imposed.  They include a condition that you are to report to the probation officer at Upper Hutt within 72 hours, and you will be told where you are to go.  Thereafter you must report to the probation officer as he or she directs, and that may be twice weekly.   You cannot change address without the approval of the probation officer. There are special conditions:

(a)      you must attend a departmental assessment and attend and complete any appropriate treatment chosen by the probation officer to the satisfaction of the treatment provider and the probation officer;  and

(b)you   must   also   undertake   a   psychological   assessment   by   a departmental psychologist and attend and complete any treatment recommended by that assessor, to the satisfaction of the probation officer and the treatment provider.

[8]      Those are the conditions of your sentence Mr Reid. [9]          You may stand down.

Miller J

Solicitors:

Crown Solicitor’s Office, Wellington for Crown