Reweti-Fa'Aso'O v Police HC Palmerston North CRI-2011-454-26

[2011] NZHC 1993

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2011-454-26

JOSHUA REWETI-FA'ASO'O

v

NEW ZEALAND POLICE

Hearing:         7 December 2011

Counsel:         D Davies for Crown

T C Thackery for Appellant

Judgment:      7 December 2011

JUDGMENT OF WILLIAMS J

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 4:30pm on the 7th December 2011.

JOSHUA REWETI-FA'ASO'O V NEW ZEALAND POLICE HC PMN CRI-2011-454-26 7 December 2011

[1]      This appeal came before me on 26 October 2011 and, as recorded in my minute of that day, the Crown accepted that an end sentence of two years ten months’ imprisonment on two counts of burglary, one count of minor theft, four bail breaches and possession of a knife in a public place was manifestly excessive.

[2]      Submissions  disclosed that  there  were  two sides  to  Mr  Reweti-Fa’aso’o: when he is employed he is responsible and does well; when he is not employed he mixes with the wrong crowd and gets into trouble.

[3]      On the basis that an end sentence in this case would likely be two years or less, I indicated to counsel that I saw merit in a community-based sentence if there was work available for Mr Reweti-Fa’aso’o.   At that stage there was a genuine prospect of this with a former employer willing to back him.

[4]      Having heard from counsel again today,  and having read Mr Thackery’s memorandum, it is clear that the employment that might be available to Mr Reweti- Fa’aso’o is likely to involve travelling to different parts of the country at different times. That simply will not fit in with a home detention regime.

[5]      Mr Thackery also explored education prospects.   It transpires that prison authorities are very supportive of Mr Reweti-Fa’aso’o, and he has completed carpentry courses while in prison up to Level 3.  There is a Level 4 carpentry course starting next year at UCOL in Palmerston North.  There is a letter on file from UCOL indicating that Mr Reweti-Fa’aso’o would be welcome on the course.  Mr Reweti- Fa’aso’o is interested in taking his carpentry studies further.   That ought to be supported.

[6]      An  18  month  sentence  is  consistent  with  similar  cases  but  it  has  a disadvantage.  Automatic release after nine months would leave an overlap of one month with the UCOL course that starts in March and runs for 34 weeks.   There seems little point in arranging for home detention for that short overlap period.

[7]      Instead it seems appropriate to impose a shorter sentence with a longer period of supervision  to  follow  aimed  at  ensuring that  Mr  Reweti-Fa’aso’o  enters  and

successfully completes the course before (it is hoped) moving on to gainful employment.

[8]      The appeal is allowed accordingly.

[9]      The sentence imposed on the two counts of burglary is quashed and replaced

by a sentence of 14 months’ imprisonment.  In addition, the appellant is sentenced to

40 weeks  of  supervision  with  a  special  condition  that  he  enrol  in,  attend  and complete the 34 week Level 4 carpentry course offered by UCOL.

[10]     On all other counts, a sentence of four months’ imprisonment is imposed to

be served concurrently.

[11]     That  leaves  an  end  sentence  of  14  months  plus  supervision.    By  my calculation Mr Reweti-Fa’aso’o will be released at the end of January 2012.  That will give him a month to organise himself for the UCOL course.   Although circumstances are such that it has not been possible to release him on home detention prior to Christmas (and I accept this will be disappointing for both him and his partner), he is nonetheless been thrown a very big lifeline.  I hope he takes advantage

of it.

Williams J