R v S HC Auckland CRI-2009-092-17953

[2010] NZHC 1321

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2009-092-17953

THE QUEEN

v

S

Charge:          Manslaughter

Plea:               Guilty

Appearances: Nicholas Williams for Crown

Jonathan Down for Prisoner

Sentenced:     2 August 2010

9 months home detention
(to be read in conjunction with sentencing notes dated 20 May 2010)

SENTENCING NOTES OF HARRISON J

SOLICITORS

Meredith Connell (Auckland) for Crown

Public Defence Service (Auckland) for Prisoner

R V S HC AK CRI-2009-092-17953  2 August 2010

[1]      Mr S  , when you appeared before me for sentence on 20 May 2010 following your plea of guilty to one count of manslaughter, I adjourned the process to enable the Probation Service to prepare a home detention appendix.  I might add that I did not adjourn the sentencing for the purpose of allowing the probation officer an opportunity to express views about whether home detention was appropriate.  It was improper for the probation officer to attempt to dissuade me from the course which I had earlier indicated.

[2]      In any event, I have received the home detention appendix.   I am satisfied that the address is suitable and that all the other statutory conditions are met.   I remain satisfied that a sentence of home detention should be imposed.

[3]      You will understand, Mr S  , that a sentence of home detention is not an easy option.   For some, imprisonment is preferable.   It will impose extraordinary limitations on your freedom.  It will also impose great pressures and burdens upon the other occupants of the house.  In particular, I note that not only your partner but young children reside there.  You will understand the demands that will be made by your constant presence and by their presence as well.   There is nowhere to hide; there is nowhere to escape to.  You will have to exercise a great deal of patience and care.

[4]      Nevertheless, what is most important is that you will be there not only for your partner but principally for your mother.  Perhaps you can advise me whether you have explained to her now why you are being sentence to home detention?

[Mr S   advises Judge that his mother knows what is happening]

[5]      In the circumstances, being satisfied that the address at 14 Cooper Crescent, Otara, is suitable, I sentence you to a term of nine months home detention starting from 3 August (that is, tomorrow) on the conditions set out in paragraphs 1-5 of the appendix.   Additionally, Mr S  , I emphasise to you the importance, as you heard me discuss with Mr Down, of attending whatever programmes are available to assist you with alcohol and anger management.  As I explained when you appeared

on 20 May, and as you know, those two factors caused your offending.  I hope that you now understand the importance of dealing with those issues in your life.

[6]      Very well, Mr S  , although you have committed an extremely serious crime, and you will always live, as I said to you before, with the stain of somebody else's life on your hands, I am satisfied that the sentence which I have imposed will be to the benefit of yourself, your family and the wider community.   If you take advantage of the opportunities available to you, particularly through the Probation

Service, then I wish you well.  Please stand down.

Rhys Harrison J