Police v Evans DC Palmerston North CRI-2012-054-3146 [2012] NZDC 1960 (21 November 2012)

Last Updated: 27 September 2016

IN THE DISTRICT COURT AT PALMERSTON NORTH

_{CRI-2012-054-003146}

NEW ZEALAND POLICE

Informant

v

JONATHAN NOEL EVANS

Defendant

Hearing: 21 November 2012

Appearances: S A Watson-Hughes for the Informant

P S Coles for the Defendant

Judgment: 21 November 2012

_{NOTES OF JUDGE B A MORRIS ON SENTENCING}

[1] Mr Evans, you are here in respect of a charge of abusively using a telephone, you were bailed and then on charges of burglary and obtaining by deception.

[2] Insofar as the use of the telephone is concerned, over a period of some weeks you sent a number of abusive and bullying texts to the victim that caused her very much to fear for her safety.

[3] You obtained long-term accommodation at a motor inn and they trusted you in that they allowed you to, in effect, get credit with them. They did not require a bond and you got yourself to the position where you wanted one of the new televisions and they trusted you to the point that they allowed you access into

_{that room so that you could get it. You rewarded them by stealing four of the}

POLICE V EVANS DC PMN CRI-2012-054-003146 [21 November 2012]

televisions in there and a further four from other units so that resulted in the burglary charge. The total loss was nearly $5000. You have offered to pay it but it is accepted really there is no realistic prospect of doing so.

[4] I have read the probation report about you. It noted the previous dishonesty and the community-based sentence really has had little effect and that this occurred soon after your release from imprisonment in respect of other offending.

[5] I have also read the victim impact statement insofar as the threatening phone calls are concerned and that has had a significant impact on her.

[6] So far as the starting point, what the imprisonment should be Mr Evans, it is accepted by everyone that imprisonment is the only option. I really had to look at your history because it is that history that dictates what the sentence should be. There are a large number of previous convictions for dishonesty. You had only recently been released from prison. There have been attempts in the past to try and give supervision and final warnings in the hope that you are getting control of the drug addictions which were underlying that, none of that has helped. In the end I think a starting point of two and a half years’ imprisonment is appropriate.

[7] That is on the bad side of things, Mr Evans, and I turn to the good. You have pleaded guilty very early on and it is accompanied with letters that I have read and I am sure, Mr Evans, that that guilty plea was entered by you because you truly did feel very sorry for what you have done.

[8] It seems like there are underlying addictions behind this and until you do something about those you will continue to offend, but you have a personality where you will continue to feel sorry for it. But that does not really help people in the end Mr Evans; it is not going to help your 12 year old daughter either; that you are a good enough person that you feel sorry; you are not one of these people without any hope; you are not one of these people who do not care what you do. So you are a person who could be of value in your 12 year old’s life. She wants you in her life and if you are able to get in control of the addictions, stop this offending because of that, then I am sure you are a person that will be of great value to her.

[9] So Mr Evans, I am designing this sentence not to be at the upper end of what it can be, I am designing it to be at the lower end of what it can be. It is to make sure that you are given every opportunity to have a release as soon as possible with conditions designed to assist you and we hope you take that opportunity to make sure for everybody’s sake, your own sake and your family’s sake and the community’s, that you are not back here in the future.

[10] I reduce that sentence to one that becomes what is described as a short term of imprisonment. It has impact on parole, it has the impact on me being able to impose conditions, so it is one year and 11 months.

[11] There are special and standard conditions imposed. They include the conditions that you are to undertake any counselling and programmes as directed and to not associate with anyone as directed. That will give you, Mr Evans, the opportunity of saying to people, “Look I would like to have something to do with you but I can't because itis a condition of my parole.”

[12] There is a conviction and discharge on the telecommunications charge.

B A Morris

District Court Judge