R v Waetford

[2012] NZHC 786

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2010-088-003872 [2012] NZHC 786

THE QUEEN

v

CHARLES KIRSTEN WAETFORD

Hearing:         26 April 2012

Appearances: N J Dore for the Crown

W Puriri for the accused

Judgment:      26 April 2012

SENTENCING NOTES OF GILBERT J

Counsel:            Te Kenana W H K Puriri, Tutukaka: [email protected]

Solicitors:           Crown Solicitors, Whangarei:  [email protected]

R V WAETFORD HC WHA CRI 2010-088-003872 [26 April 2012]

[1]      Mr Waetford, you appear for sentence today, having pleaded guilty at the commencement of your trial to a charge of permitting premises to be used for the cultivation of cannabis.  You have already appeared for sentence, but for reasons that were explained by Lang J when you last appeared on 16 March 2012, it was not possible for you to be dealt with on that day because no feasibility assessment had been carried out as to whether the proposed address was suitable for a sentence of home detention.

[2]      Lang J, in discussion with me, gave a sentence indication and you have been remanded to today, having been on a 24 hour curfew in the meantime, a period of some six weeks, for sentence to be formally imposed.[1]

[1] R v Waetford Whangarei HC CRI-2009-088-4950, 16 March 2012.

[3]      The  proposed  address  is  suitable  for  a  sentence  of  home  detention.    I understand that there has been no breach of bail or any other circumstance that I need to take into account.  Accordingly I am satisfied in accordance with the submissions that both counsel have made, that in all the circumstances, a sentence of four months’ home detention is appropriate and that is the sentence that I impose.

[4]      The  sentence  is  to  be  carried  at  your  mother’s  address,  15  View  Road, Hikurangi, Whangarei, and upon conclusion of this hearing, you are to travel directly to that address at 15 View Road, Hikurangi and await the arrival of the Probation Officer.  You are not to purchase, possess or consume alcohol or illicit drugs for the duration of your sentence of home detention.

[5]      You may stand down.

M A Gilbert J