Ah-Hing v Police HC Auckland CRI-2011-404-331 [2011] NZHC 1630 (25 October 2011)

Last Updated: 23 November 2011

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

_{CRI-2011-404-331}

BETWEEN MASIANO AH-HING Appellant

AND NEW ZEALAND POLICE Respondent

Hearing: 25 October 2011

Counsel: S E Asmundson for the Appellant

F J Cuncannon for the Respondent

Judgment: 25 October 2011

_{JUDGMENT OF ELLIS J}

Solicitors: Crown Solicitors, PO Box 2213, Auckland 1140

Public Defence Service, PO Box 76715, Manukau 2241

AH-HING V POLICE HC AK CRI-2011-404-331 25 October 2011

[1] Mr Ah Hing's appeal against a sentence of 15 months imprisonment imposed by Judge Andree Wiltens on 28 July 2011 is allowed and that sentence is quashed accordingly. A sentence of four months home detention is substituted on the conditions that Mr Ah Hing:

(a) upon release from prison, is to travel directly from Prison to the home detention address of 37A Ferguson Road, Otara, and remain at the address to be met by the supervising Probation Officer and Security Officer;

(b) is to abstain from the consumption of alcohol and drugs for the duration of home detention;

(c) is to undertake and complete the Alcohol programme administered by the Community Alcohol Drugs Services, and abide by the rules of the programme to the satisfaction of the programme provider and Probation Officer; and

(d) must comply with the requirements of electronic monitoring as directed by the Probation Officer.

_{[2] My reasons will follow shortly.}

Rebecca Ellis J