Paul v R [2011] NZCA 574 (11 November 2011)

Last Updated: 16 November 2011

IN THE COURT OF APPEAL OF NEW ZEALAND

CA501/2011 [2011] NZCA 574

BETWEEN SHILO CHARLES PAUL Appellant

AND THE QUEEN Respondent

Hearing: 9 November 2011

Court: Wild, Chisholm and Potter JJ

Counsel: R Vigor-Brown for Appellant K Raftery and M Davie for Respondent

Judgment: 11 November 2011 at 10 am

JUDGMENT OF THE COURT

A The appeal against sentence is allowed.

2. The cumulative sentences totalling two years and three months imprisonment are quashed and replaced with a sentence of home detention for eight months on the following conditions:
   • (a) Upon release from prison the appellant is to travel directly to 7A Bell Road, Rotorua, where he is to await the arrival of a probation officer and security officer;
   • (b) The appellant is to reside at 7A Bell Road for the duration of the sentence;
   • (c) He is not to possess or consume alcohol and/or illicit drugs for the duration of the sentence.
   • (d) He is to undertake such family and/or parental responsibilities as are negotiated with, and approved by, a probation officer;
   • (e) He is to report to a probation officer as directed;
   • (f) If required by the probation officer he is to attend, and complete, any further drug and alcohol programme to the satisfaction of the probation officer and programme provider. Details of the appropriate programme are to be determined by the probation officer.

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Reasons to follow.

Solicitors:
R Vigor-Brown, Rotorua for Appellant
Crown Law Office, Wellington for Respondent