IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2017-443-33
[2018] NZHC 114
BETWEEN HEREMIA REWIRI RURU
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 5 February 2018 Counsel:
J C Hannam for Appellant G N Milne for Respondent
Judgment:
13 February 2018
JUDGMENT OF THOMAS J
Introduction
[1] Heremia Ruru was sentenced on 17 November 2017 in the New Plymouth District Court to 15 months’ imprisonment1 following a guilty plea for driving with excess breath alcohol (third or subsequent).2 Mr Ruru now appeals his sentence on the grounds the Judge erred in not sentencing Mr Ruru to home detention.
Factual background
[2] Mr Ruru is 30 years of age. At 4.21 am on 30 April 2017, in breach of his restricted licence conditions, Mr Ruru was found to be driving with a breath alcohol level of 740 micrograms per litre of breath.
1 New Zealand Police v Ruru [2017] NZDC 26367.
2 Land Transport Act 1998, s 56(1) and 56(4); maximum penalty 2 years’ imprisonment, $6,000 fine.
RURU v NEW ZEALAND POLICE [2018] NZHC 114 [13 February 2018]
[3] Mr Ruru has five previous convictions for driving with excess breath alcohol. Two from 2015 (readings 1143 mg and 884 mg) resulted in six-month imprisonment sentences. One from 2010 (855 mg) and one from 2008 (862 mg) resulted in community work, and one from 2005 (518 mg) resulted in a fine.
[4] Mr Ruru has several other convictions for a variety of offences, including disorderly behaviour, theft, assault, wilful damage, and wounding with intent to injure. The latter resulted in a two-year sentence of imprisonment. At the time of the present offending, Mr Ruru was on release with conditions from that sentence.
[5] Mr Ruru’s partner gave birth to their child the day after he was sentenced to imprisonment on the current charge. It is his first child. He was not released for the birth. His partner has written a letter to the Court indicating she is not coping without him, suffering from post-natal depression. She says his release to home detention would allow him to be the father their son deserves.
Pre-sentence report
[6] There are two pre-sentence reports. The first flagged Mr Ruru’s relatively persistent offending and his being on release conditions following imprisonment for violent offending. It identified his insightfulness into his drink driving and his motivation to change. The writer described Mr Ruru’s compliance with his release conditions as “very good”, and noted his self-referral to Narcotics Anonymous, completion of a Drive Straight programme for repeat drink drivers, and attempts to find a place in the Bridge Programme. The writer considered remand to complete the Bridge Programme was appropriate, with sentencing options to be considered depending on the Programme outcome.
[7] The second report flagged Mr Ruru’s failure to complete the Bridge Programme due to differences between Mr Ruru and the programme provider (the Salvation Army). The writer noted Mr Ruru nevertheless continued to attend Narcotics Anonymous, regularly…
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- Ruru v Police [2018] NZHC 114
- Case
- [2018] NZHC 114
- Decision Date
CaseChat Overview and Summary
The legal issue before the Court was whether the District Court Judge erred in not sentencing Mr Ruru to home detention. The appeal was brought under section 250 of the Criminal Procedure Act 2011. The Court of Appeal found that the Judge had indeed erred in not considering home detention as a viable option. The Court considered the offender's personal circumstances, including his motivation to change, his rehabilitative efforts, and the letter of support from his alcohol and drug treatment counsellor. The Court found that the most effective protection of the community was successful rehabilitation, and that home detention would have precisely the same effect as imprisonment. The Court substituted the sentence with six months' home detention, with conditions, and 200 hours' community work.
The Court emphasised the need for Mr Ruru to comply with the conditions of his sentence and warned him of the likely consequences of any breach. The sentence takes into account time Mr Ruru has already served in prison. The Court also confirmed that the address for home detention is suitable as Mr Ruru will be the sole occupant. The Court of Appeal allowed the appeal and substituted the sentence with home detention and community work.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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