R v Wong

[2017] NZHC 111

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2016-004-002124 [2017] NZHC 111

THE QUEEN

v

KIT HING WONG

Hearing:	9 February 2017
Appearances:	F M T Culliney for Crown L C Ord for Defendant
Sentence:	9 February 2017

SENTENCING NOTES OF FOGARTY J

Solicitors:

Crown Solicitor, Auckland

Ord Legal, Wellington

R v WONG [2017] NZHC 111 [9 February 2017]

[1]      Mr Wong, you will recall that on 7 December last I gave you a sentencing indication.1     I am not going to re-read that into the record now, but I go to the conclusion that a sentence indication is either a sentence of two years or a sentence of home detention of 12 months, maybe less, depending on the assessment and final submissions.

[2]      As  to  that,  I have  received  a  favourable  report  from  the  Department  of Corrections from a probation officer recommending home detention, as I anticipated, to be served at your home where you live with your landlord, Mr Jian Xin Rong. Ms Ord has advised me from the bar, and I knew that anyway from the earlier hearing, that you do have family support in Wellington, particularly from your sister.

[3]      In the first instance you would probably be not allowed to leave your flat at all until the probation officer decides that it is appropriate that you return to employment.  You will be in that way subject to direction from the probation officer. The probation officer will also be able to give directions to you as to assessment for alcohol and drug counselling. The detail will be in the formal sentence.

[4]      Mr Wong, I have decided that the term of the home detention sentence will be

10 months.  That is because I think the evidence is that a home detention sentence is difficult to serve and 12 months is often reduced to 10 in circumstances such as this. The 10 month period was also the judgment of both counsel for the Crown and your counsel.

[5]      You have pleaded guilty before Palmer J following the sentence indication on

21 December to the charge of conspiracy to possess a class A drug for supply. Palmer J entered the conviction.  I now sentence you to home detention for a period of 10 months on the two special conditions:

(a)       To attend an assessment for alcohol and drug counselling as directed by a probation officer.

1      R v Wong [2016] NZHC 2954.

(b)To attend and complete any counselling treatment or programme as recommended by the assessment as directed by and to the satisfaction of a probation officer.

(c)      You are not to possess, consume or use any alcohol or drugs not prescribed to you.

(d)Your sentence will be served at your residence to 12 Chisbury Lane, Churton Park, Wellington.

(e)       You will return to Wellington today by air and remain at 12 Chisbury

Lane until you are visited by a probation officer at 2.00 pm tomorrow

10 February 2017.   From that point on your sentence will start and you will at all times be directed by a probation officer as to whether you can leave the premises and for what reasons.

[6]      Mr Wong I want you to understand that this is a sentence which is lighter than it could have been.  You could have been sentenced to jail.  You could have been sentenced to jail for a longer period of time.  The reason why Crown counsel and defence counsel have persuaded me to this sentence is in part, their submissions, supported by the Department of Corrections recommendations, but with a common expectation that you will learn from this and not offend again.   This is your last chance.  If you offend again in drug dealing you will almost certainly go to jail and go for quite a long time.  You will not get the break you are getting today again.  So make the best use of it.  It is a hard sentence to serve, but you will have the support of your sister and friends and I hope that there will be no problems with you serving this sentence.