Watt v Police

[2014] NZHC 3211

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CRI 2014-412-37 [2014] NZHC 3211

BETWEEN

AYDEN WATT

Appellant

AND

NEW ZEALAND POLICE Respondent

On the papers
Counsel:	A Dawson for the Appellant R P Bates for the Respondent
Judgment:	15 December 2014

JUDGMENT OF MALLON J (Judgment No 2:  disposition of appeal)

[1]      I refer to my judgment delivered on 2 December 2014.   A suitable home detention address has not been found.  Counsel are agreed that I can now proceed to determine the appeal in accordance with paragraph [20] of my judgment.

[2]      Accordingly, the appeal is allowed.   The sentence imposed in the District Court is quashed.   In its place a sentence of two years imprisonment is imposed. That sentence is subject to the post-detention conditions recommended in the probation report, namely that:

(a)      Mr Watt is to attend a psychological assessment with a Department psychologist and to attend and complete any treatment/counselling as recommended in that assessment to the satisfaction of a probation officer and treatment provider; and

(b)Mr Watt is to attend and complete an appropriate alcohol and drug treatment programme to the satisfaction of the programme provider

WATT v NEW ZEALAND POLICE [2014] NZHC 3211 [15 December 2014]

and   a  probation   officer  (the   appropriate  programme  is   to   be determined by a probation officer).

Mallon J