| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA338/2021 [2021] NZCA 333 |
| BETWEEN | RAYON MOHI WILLIAMS |
| AND | THE QUEEN |
| Hearing: | 19 July 2021 |
Court: | Miller, Thomas and Wylie JJ |
Counsel: | D A Ewen for Appellant |
Judgment: | 23 July 2021 at 10.00 am |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe sentence of two years and one month’s imprisonment imposed by the Judge is vacated. A sentence of 10 months’ home detention is substituted therefore.
CThe sentence of home detention is subject to the standard conditions set out in s 80C(2) of the Sentencing Act 2002 and to the following special conditions imposed under s 80D of the Act:
(i)Mr Williams is to travel directly from the prison at which he is currently being held to the address specified in the Provision of Advice to Courts Report dated 28 May 2021, and there await the arrival of a probation officer and the monitoring company representative.
(ii)Mr Williams is to reside at the address specified in the Provision of Advice to Courts Report dated 28 May 2021 during the term of his sentence, and is not to move to any new residential address without the prior written approval of a probation officer.
(iii)Mr Williams is not to possess, consume or use any alcohol or drugs not prescribed to him.
(iv)Mr Williams is to attend an assessment for any programme or counselling to address his offending as directed by a probation officer, and is to attend and complete such counselling, treatment or programme as is recommended by the assessment and as is directed by and to the satisfaction of a probation officer.
(v)Mr Williams is not to associate with or contact any of his co-offenders without the prior written approval of a probation officer.
DThe standard post-detention conditions under s 80O of the Act are imposed together with the following special post-detention conditions under s 80N:
(i)Mr Williams is to attend an assessment for any programme or counselling to address his offending as directed by a probation officer, and is to attend and complete such counselling, treatment or programme as is recommended by the assessment and as is directed by and to the satisfaction of a probation officer;
(ii)Mr Williams is not to associate with or contact any of his co-offenders without the prior approval of a probation officer.
These conditions are to remain in place for a period of 12 months after the expiry of the sentence of home detention.
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REASONS OF THE COURT
(Given by Wylie J)
Introduction
On 8 June 2021, the appellant, Rayon Williams, was sentenced to two years and one month’s imprisonment by Jagose J in the High Court at Auckland[1] on two charges – one representative and the other specific – of money laundering.[2]
[2]Crimes Act 1961, s 243(2). Maximum penalty seven years’ imprisonment.
Mr Williams appeals the sentence. He argues that the starting…
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- Williams v R [2021] NZCA 333
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- [2021] NZCA 333
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