R v T

[2024] NZHC 3828

NAME AND IDENTIFYING PARTICULARS OF DEFENDANT SUPPRESSED: SEE R v T [2024] NZHC 3554 at [28].

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2023-092-004586

[2024] NZHC 3828

THE KING

v

T

Hearing:

13 December 2024

Appearances:

C Piho for Crown

E P Priest for Defendant

Judgment:

13 December 2024

SUPPLEMENTARY SENTENCING REMARKS OF LANG J

[home detention]

Solicitors/counsel:

Office of the Crown Solicitor, Manukau E P Priest, Auckland

R v T [2024] NZHC 3828 [13 December 2024]

[1]                 On 26 November 2024, I sentenced Mr T to one year seven months imprisonment on a charge of conspiring to commit the crime of murder.1 In doing so, I granted him leave to apply for home detention.

[2]                 It was not possible to impose a sentence of home detention at the time of sentencing because the pre-sentence report indicated that young people were living at the address at which Mr T wished to serve the sentence. This information was contradicted by material Mr T had filed prior to sentencing. I therefore directed an updated report to ascertain whether young people were still living at the address.

[3]                 An updated report has now been provided and this confirms that the young persons who were at the address when the last report was prepared are no longer there. The nominated address and its occupants have been assessed as suitable for a sentence of home detention. There is therefore no impediment to a sentence of home detention being imposed. For the reasons set out in my sentencing remarks, I am satisfied that that is the appropriate outcome in the present case.

[4]                 By 16 December 2024 Mr T will have spent a total of 115 days in custody. This equates to approximately four months, which in turn is the equivalent of an eight month sentence of imprisonment.

[5]                 I propose to deduct eight months from the sentence that I imposed on Mr T and then convert the resulting sentence to one of home detention. This produces a sentence of 11 months imprisonment, which is the equivalent of a sentence of five months two weeks home detention.

[6]                 I therefore convert the existing sentence to one of five months two weeks home detention. Mr T is to be released from prison into the custody of his mother at a time convenient to the prison authorities on Monday 16 December 2024 into the custody of his mother. They are then to travel by the most direct practicable route to the nominated bail address in Whakatane, where Mr T is to serve the sentence of home detention subject to a 24-hour curfew. He is not to leave the address other than for

1      R v T [2024] NZHC 3554.

pre-approved medical appointments and any other absences authorised by his probation officer.

[7]                 Mr T is to be subject to the standard conditions contained in s 80C of the Sentencing Act 2002 (the Act). In addition, I impose the following special conditions under s 80D of the Act:

(a)Mr T is not to consume or be in possession of any alcohol or non- prescription drugs for the duration of the sentence;

(b)Mr T is to attend and complete any rehabilitative and therapeutic programmes that may be recommended by his probation officer.

Lang J