R v Sangha

[2016] NZHC 2358

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2014-042-001861 [2016] NZHC 2358

THE QUEEN

v

JASWINDER SINGH SANGHA

Hearing	4 October 2016
Counsel:	J Davies for Department of Corrections T C Lyall for J S Sangha
Judgment:	4 October 2016

ORAL JUDGMENT OF DOBSON J

[1]      On 29 January 2016,  I sentenced Mr Singh Sangha to 10 months’ home

detention and 300 hours community work on convictions for immigration fraud.1

[2]      Mr Stephen   Taylor,   his   Probation   Officer   in   Motueka,   applied   on

16 September 2016 to cancel the community work sentence and have it substituted with  another  available  sentence.    That  application  is  brought  under  s 68  of  the Sentencing Act 2002, which provides the Court with power to vary or cancel a sentence of community work where there has been a change in circumstances that would justify doing so.

[3]      Mr Singh Sangha has long-standing problems with his kidneys and they were apparent at the time of the trial and sentencing.  His chronic pain was one factor in my decision to commute what would have been a short term of imprisonment into

one of home detention.

1      R v Sangha [2015] NZHC 37.

R v SINGH SANGHA [2016] NZHC 2358 [4 October 2016]

[4]      At the end of March this year, Mr Singh Sangha had a kidney removed.  The level of on-going pain associated with its removal is at a level that prevents him doing the types of physical work involved in a community work sentence.  He has done only 32 of the 300 hours he was ordered to serve.   I am satisfied that the remaining 268 hours of community work should be cancelled.  The question is what substituted sentence should be imposed.  The remaining 268 hours is a significant component of the overall sentence and there should be another component to make up for it.

[5]      Mr Taylor deposes that Mr Singh Sangha has been fully compliant with his sentence of home detention and I could extend that by a further two months.  This afternoon, Ms Lyall indicates that he has found that a difficult sentence and that is the approach that sentencing judges appreciate when home detention is substituted for what would otherwise be a term of imprisonment.

[6]      The alternative is that Mr Singh Sangha has a limited capacity to pay a fine, if over a period of time.  There can be no mathematical formula for dollars fined per hour not completed of community work.   I have had regard to Mr Singh Sangha’s personal circumstances.  In addition, although it cannot directly be attributed to him, I have had regard to the clear impression I obtained by the end of the trial that significant  amounts  of  money  were  involved  in  at  least  some  parts  of  the immigration fraud to which he was a party.

[7]      I consider a fine is the appropriate substitute sentence and I will impose a fine of $2,500.

[8]      The outcome of the application is that I cancel the outstanding community work sentence and substitute a fine of $2,500.

Solicitors:

Department of Corrections, Motueka

Bamford Law, Nelson for defendant

Dobson J