Thornicroft v Police

[2018] NZHC 2889

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CRI-2018-441-29

[2018] NZHC 2889

JAYGE DAVID THORNICROFT

v

THE QUEEN

Hearing:	7 November 2018
Appearances:	L R H Grant and M M Dixon for the Appellant F E Cleary for the Crown
Judgment:	7 November 2018

RESULTS JUDGMENT OF CULL J

[1]    After receiving Counsel’s submissions and hearing from Counsel by AVL, I delivered the following oral results judgment.

[2]    I am allowing this appeal. The sentence of 11 months’ imprisonment is quashed and in substitution, six months’ imprisonment is imposed, with two special release conditions attaching, for a period of six months after the sentence expiry date, namely:

(a)Mr Thornicroft is to attend and complete an appropriate alcohol and drug counselling/programme/treatment including residential

rehabilitation to the satisfaction of a probation officer. The specific

THORNICROFT v R [2018] NZHC 2889 [7 November 2018]

details of the appropriate programme shall be determined by his probation officer.

(b)Mr Thornicroft is to attend an assessment for a departmental psychologist as directed by a probation officer. To attend and complete any counselling, treatment or programme as recommended by the assessment as directed by and to the satisfaction of his probation officer.

[3]    On your instructions, as I understand it, Ms Grant, Mr Thornicroft has served three and a half months’ imprisonment. He is therefore due for release on a six month sentence, and the special release conditions will attach to that sentence.

Cull J

Solicitors:

Elvidge & Partners, Napier for Crown