Simon Ian Law v New Zealand Police HC CHCH CRI 2008-409-000198

[2008] NZHC 1965

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI 2008-409-000198

CRI 2008-409-000199

L

A

Appellants

v

NEW ZEALAND POLICE

Respondent

Hearing:         9 December 2008

Counsel:         M J Knowles for L 

R D McGuire for A 
D J Orchard for Respondent

Judgment:      9 December 2008

Recall of Special

Conditions:     22 December 2008

JUDGMENT OF PANCKHURST J (RECALL OF SPECIAL CONDITIONS)

[1]      When I allowed this sentence appeal on 9 December 2008 I purported to impose a special condition, namely that each appellant undertake evaluation and such intervention as may be recommended by a probation officer with reference to alcohol abuse and the prevention of violence.  Subsequent to delivering the decision

in open court s69E of the Sentencing Amendment Act 2007 was drawn to my

L AND ANOR V NEW ZEALAND POLICE HC CHCH CRI 2008-409-000198  9 December

2008

attention.  Subsection (1) of that section prescribes the conditions of a sentence of community detention and, in particular, does not make provision for the imposition of special conditions.  This is in contrast to a sentence of home detention, in relation to which s80C(1)(b) provides for the imposition of special conditions and s80D defines their scope.

[2]      I am satisfied that there was no jurisdiction to impose special conditions to accompany the substituted sentences of community detention.  Counsel were invited to, and made brief written submissions concerning the issue.  I have considered their suggestions.

[3]      In the event I am of the view that the appropriate course is simply to delete the  special  conditions  (rather  than  to  vary  the  sentence  by  the  addition  of supervision, with special conditions attached).   Accordingly, I recall the oral judgment  and  correct  it  by  deleting  the  conditions  imposed  by  me  without

jurisdiction.

Solicitors:

Michael Knowles Barrister, Christchurch for L 

Layburn Hodgins, Christchurch for A   (Counsel – Richard McGuire) Raymond Donnelly & Co, Christchurch for Respondent