Solomon v Police HC Wanganui CRI-2010-483-063

[2010] NZHC 2430

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI-2010-483-063

JOSHUA SOLOMON

v

THE NEW ZEALAND POLICE

Hearing:         3 December 2010

Counsel:         S Burlace for Appellant

J Woodcock for Respondent

Addendum:    9 December 2010

ADDENDUM TO JUDGMENT OF JOSEPH WILLIAMS J

Solicitors:

Crown Solicitors, Wanganui

Treadwell Gordon, PO Box 4084, Wanganui

SOLOMON V THE NEW ZEALAND POLICE HC WANG CRI-2010-483-063  9 December 2010

[1]      In the last six days the appellant has tried to identify an address at which the proposed sentence of three months’ home detention could be served.   80 Talbot Street, Whanganui was suggested but the police opposed this on the grounds that the appellant’s  son,  15   year  old  Puhi  Horomona  resides  there  with   his  uncle Jeffrey Te Huia.

[2]      The appellant is opposed to Puhi being there and says in fact that Puhi has been trespassed from the property.  Ms Woodcock says that it was not Puhi who was trespassed   but   someone   else   as   a   result   of   a   domestic   violence   incident. Ms Woodcock advises that Puhi turns 16 shortly and (if the appellant is to serve his sentence at that address), his consent will be necessary under the Sentencing Act at that point.

[3]      I indicated to Ms Burlace that I was uncomfortable with the sentence being served at that address because it seemed to be a centre of further difficulties within the family.  Another address was sought overnight but I am advised today that none can be found.

[4]      In the circumstances the appeal is allowed.  The sentence is quashed and a sentence of three months’ imprisonment is imposed in substitution.

Joseph Williams J