Police v Mason DC Rotorua CRI-2010-063-2723 [2011] NZDC 669 (9 May 2011)

Last Updated: 28 September 2016

IN THE DISTRICT COURT AT ROTORUA

_{CRI-2010-063-002723}

NEW ZEALAND POLICE

Informant

v

MEIHANA MASON

_Defendant

Hearing: 9 May 2011

Appearances: Sergeant S Coleman for the Informant

A Burns for the Defendant

Judgment: 9 May 2011

_{NOTES OF JUDGE C J McGUIRE ON SENTENCING}

[1] Mr Mason is for sentence on his ninth drink driving charge. On this occasion, the reading was 131 milligrams of alcohol per 100 millilitres of blood; that is to say closer to twice the limit than the limit. He has been convicted, as I have said, eight times before, the last being in 2005. He has been sentenced to terms of imprisonment four times for drink driving, the most recent one being in 2005, although the prison sentences have tended to be shorter rather than longer, the last prison sentence being six months, the one before being one year but with leave to apply for home detention.

[2] On this occasion, he was effectively caught red-handed driving away from

_{Countdown. He stopped very quickly and, as I found at the defended hearing, got}

POLICE V MASON DC ROT CRI-2010-063-002723 9 May 2011

out of the driver’s seat and stood by the rear of the car. It was there that the police

engaged with him.

[3] There is a full pre-sentence report. Mr Mason is currently serving a sentence for assault on his partner. He has recently engaged in a voluntary drug and alcohol programme with Te Utuhina and it is important that that continue. Ordinarily, as the probation officer says, home detention is contraindicated where the victim of domestic violence is also living in the house. In this case, Mr Mason is supported completely by his partner, so at some risk, and because the discreet terms of imprisonment in the past appear not to have had any significant affect on him, I intend to follow the recommendation today of home detention.

[4] As this is your ninth conviction, Mr Mason, the term of imprisonment, albeit that due to driving was very short, in my view should be to the order of 16 months’ imprisonment, you not being entitled to any discount on the basis of R v Hessell [2009] NZCA 450; [2010] 2 NZLR 298 in view of your not guilty plea. That translates to eight months’ home detention. That will be the primary sentence of the Court today with these conditions:

(a) That upon release, you travel directly to 769 State Highway 33, Okere Falls, RD 4, Rotorua and await the arrival of the probation officer and security officer.

(b) That you reside at 769 State Highway 33, Okere Falls, RD 4, Rotorua for the duration of the sentence.

(c) That you comply with the requirements of electronic monitoring as directed by the probation officer.

(d) That you not possess or consume alcohol or illicit drugs for the duration of the home detention.

(e) That you report to a probation officer as directed.

(f) That you undertake alcohol and other drug assessment and complete any recommended counselling or treatment for abuse of alcohol and other drugs to the satisfaction of the probation officer and the programme provider.

(g) That the rehabilitative aspect of those conditions continue as post- detention conditions for six months following completion of your home detention.

[5] In addition, you are disqualified from holding or obtaining a driver’s licence

for a period of 15 months from today.

[6] In respect of the other charge of driving while forbidden, you will be convicted and discharged.

C J McGuire

District Court Judge