R v Taiaroa

[2016] NZHC 2279

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2013-004-13119 [2016] NZHC 2279

THE QUEEN

v

LEWIS HAPI TAIAROA

Hearing:	(on the papers)
Counsel:	D G Johnstone for Crown K W Burroughs for Defendant
Judgment:	27 September 2016

JUDGMENT OF HEATH J

This judgment was delivered by me on 27 September 2016 at 9.30am pursuant to

Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Crown Solicitor, Auckland
Counsel:

K W Burroughs, Hamilton

R v TAIAROA [2016] NZHC 2279 [27 September 2016]

[1]      On  2  October  2015  I  found  Mr  Taiaroa  guilty  on  one  charge  of  arson following a Judge-alone trial held in September 2015.  He was found not guilty on one charge of riotous behaviour and one of assault with a weapon.1

[2]      Mr Taiaroa was sentenced on 10 November 2015. A term of 12 months home detention  was  imposed,  subject  to  a  number  of  special  conditions  designed  to manage his mental health problems.2

[3]      Although Mr Taiaroa’s term of home detention has almost been served in full, a probation officer has applied to cancel the sentence of home detention and to substitute one of intensive supervision.  The application has been made in order to manage better the mental health concerns that might otherwise manifest themselves once the home detention sentence was completed.

[4]      Counsel for the Crown and Mr Taiaroa have conferred.  Each informs me that the probation officer’s application can be granted by consent.   I am satisfied independently that an order is justified.

[5]      I make an order cancelling the sentence of home detention and substitute one of intensive supervision for a period of two years, commencing 9 November 2015 and continuing until 9 November 2017.  The terms of which the sentence is imposed are that Mr Taiaroa:

(a)      Not possess, consume or use any alcohol or drugs not prescribed to him

(b)Attend a psychological assessment with a Departmental psychologist as directed by a probation officer and complete any treatment and/or counselling as recommended to the satisfaction of a probation officer

(c)      Attend  and  complete  an  appropriate  programme  and/or  treatment and/or counselling as directed by and to the satisfaction of a probation

officer

1      R v Taiaroa [2015] NZHC 2401.

2      R v Taiaroa [2015] NZHC 2782.

(d)Continue to engage with a mental health provider as directed by a probation officer and attend all scheduled appointments

(e)       Not  communicate  in  any  way  or  associate  with  any  co-offender without the prior written approval of a probation officer.

P R Heath J

Delivered at 9.30am on 27 September 2016