Police v Mellor [2017] NZDC 24814 (31 October 2017)

Last Updated: 30 August 2018

EDITORIAL NOTE: CHANGES MADE TO THIS JUDGMENT APPEAR IN [SQUARE BRACKETS].

NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS, OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. NOTE: PURSUANT TO S 125 OF THE DOMESTIC VIOLENCE ACT 1995, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO 11D OF THE FAMILY COURTS ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE HTTP://WWW.JUSTICE.GOVT.NZ/FAMILY-JUSTICE/ABOUT-US/ABOUT- THE-FAMILY-COURT/LEGISLATION/RESTRICTION-ON-PUBLISHING- JUDGMENTS.

IN THE DISTRICT COURT AT GREYMOUTH

CRI-2017-018-000229

[2017] NZDC 24814

NEW ZEALAND POLICE

Prosecutor v

[FERGUS MELLOR] Defendant

Hearing:	31 October 2017
Appearances:	G Henderson for the Prosecutor E Bradley for the Defendant
Judgment:	31 October 2017

NOTES OF JUDGE R J MURFITT ON SENTENCING

[1] Mr [Mellor] you pleaded guilty to a charge of posting a digital communication on 1 January 2017. That was an explicit video of intimate behaviour between you and your then partner and it was posted to her 16 year old son.

NEW ZEALAND POLICE v [FERGUS MELLOR] [2017] NZDC 24814 [31 October 2017]

[2] The probation officer’s report describes this as having been done with callous indifference to the effect that this video would have on the recipient and also on your former partner.

[3] On 11 July I indicated that a prison term of 12 months would in my view be a suitable outcome and on that basis you pleaded guilty. Various efforts have been made to explore the options of a home detention sentence. Your mother who cares for you a great deal has been very honest and very up-front in saying that 12 months is too long for her to manage the detention of you at her home.

[4] I intend to deal with the matter today because delaying it any further is not good for you. It is affecting your mental health. It is affecting the stability of the complainant as well. Today I will impose the term of imprisonment of 12 months but I will grant you leave to apply for home detention there. I impose also post-release conditions for a period of six months after your release date directing that you are to:

• (a) Complete an alcohol or drug assessment and any alcohol or any treatment recommended including residential treatment that might be seen as necessary.
  
• (b) To complete any treatment with a departmental psychologist as directed by your probation officer and to the satisfaction of your probation officer.
  

[5] I also direct, with your consent and approval, a protection order to issue in favour of the complainant and also her son.

R J Murfitt

District Court Judge