Police v Workman [2017] NZDC 6335 (24 March 2017)

Last Updated: 10 August 2017

_{EDITORIAL NOTE: NO SUPPRESSION APPLIED.}

IN THE DISTRICT COURT AT HUTT VALLEY

CRI-2016-096-002998 [2017] NZDC 6335

NEW ZEALAND POLICE

Prosecutor

v

WIREMU HAMILTON WORKMAN

_Defendant

Hearing:	24 March 2017
Appearances:	R Georgiou for the Prosecutor P Paino for the Defendant
Judgment:	24 March 2017

_{NOTES OF JUDGE A I M TOMPKINS ON SENTENCING}

[1] Wiremu Workman appears for sentence in relation to charges of offering to supply methamphetamine, unlawfully taking a motor vehicle, two charges of receiving identified motor vehicles, three charges of driving whilst disqualified, one charge of breach of bail; and guilty pleas having recently been entered, three firearms’ charges, one charge of possession of a methamphetamine pipe and one charge of possession methamphetamine simpliciter.

[2] Mr Paino earlier sought a sentence indication on behalf of Mr Workman and I gave such an indication which was subject to a pre-sentence report being obtained, a home detention sentence together with disqualification and reparation, with the home detention likely to be in the nine to 10 months’ range, together with counselling and treatment as set out in the psychological assessment the Court had

_{earlier sought.}

NEW ZEALAND POLICE v WIREMU HAMILTON WORKMAN [2017] NZDC 6335 [24 March 2017]

[3] That indication was accepted but has been overtaken by the new charges. It is now accepted that the sentence of imprisonment greater than that which would otherwise have allowed a community-based, electronically monitored sentence to result is inevitable.

[4] There was some discussion between counsel and me today as to how that should be calculated but in the end, given that Mr Workman will be appearing before the Parole Board in due course. To ensure no complications arise from the cumulative sentences being imposed in respect to different groups of sentence, Mr Workman is dealt with in this way:

(a) On the offering to supply methamphetamine, he is convicted and

sentenced to two and a half years’ imprisonment.

(b) On each of the unlawful taking and receiving charges, and the three firearms’ charges, he is convicted and sentenced to one year’s imprisonment.

(c) On each of the three charges of driving whilst disqualified, he is convicted and sentenced to three months’ imprisonment, together with one year’s disqualification from 24 March 2017, that is today.

(d) On the single charge of breach of bail, he is convicted and discharged.

[5] Having imposed those sentences as all to be served concurrently, as indicated Mr Workman will in due course appear before the Parole Board. It will be up to him to demonstrate at that time that he has taken advantage of any and all rehabilitative options made available to him during his sentence.

A I M Tompkins

District Court Judge