R v Reid HC Wellington CRI-2009-085-8992 [2011] NZHC 1831 (21 November 2011)

Last Updated: 13 January 2012

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

_{CRI-2009-085-8992}

THE QUEEN

v

SHANE ANTHONY REID

Hearing: 21 November 2011

Counsel: M Snape for Crown

T Ellis and G Edgeler for Prisoner

Judgment: 21 November 2011

_{SENTENCING NOTES OF MILLER J}

[1] Mr Reid, today is the day on which you were scheduled to be tried on two counts of arson of a prefabricated classroom at Wellington High School in December

2009. You have pleaded guilty this morning following a sentence indication in which I indicated that the appropriate sentence would be one of intensive supervision with conditions.

[2] The arsons as I said were committed in December 2009 in the early hours of the morning. Significant damage was done to the building but there was no risk to human life.

[3] You were arrested at the time and since then you have spent a year in custody and further time on bail. You have been in custody very recently.

[4] Much of the time between 2009 and now has been taken up with ascertaining whether you were fit to stand trial or should be dealt with under the Criminal

R V SHANE ANTHONY REID HC WN CRI-2009-085-8992 21 November 2011

Procedure (Mentally Impaired Persons) legislation. It is clear that you labour under intellectual and social difficulties. There is a very real question whether the criminal law is the best instrument for dealing with you. It is unfortunately the only instrument which we have available.

[5] At any rate, it is clear that if convicted and sentenced to imprisonment you would serve little further time, if any, and you would then be subject to post-release conditions. In expressing that view I have had regard not only to your guilty pleas but also to your personal circumstances and the circumstances of the arsons. Although arson is always a serious crime these were by no means the worst examples.

[6] What is needed in the circumstances is a sentence that manages so far as possible the risk that you present of further offending. You have convictions for two prior arsons at two separate schools in 2004. I am satisfied that there is a risk that you will reoffend if you are not well supported in the community. I am grateful to the probation officer for appearing at short notice this morning and I am grateful to counsel for their assistance in discussing the terms of the sentence.

[7] Your sentence will be intensive supervision for 12 months. Standard conditions under s 54F of the Sentencing Act are imposed. They include a condition that you are to report to the probation officer at Upper Hutt within 72 hours, and you will be told where you are to go. Thereafter you must report to the probation officer as he or she directs, and that may be twice weekly. You cannot change address without the approval of the probation officer. There are special conditions:

(a) you must attend a departmental assessment and attend and complete any appropriate treatment chosen by the probation officer to the satisfaction of the treatment provider and the probation officer; and

(b) you must also undertake a psychological assessment by a departmental psychologist and attend and complete any treatment recommended by that assessor, to the satisfaction of the probation officer and the treatment provider.

[8] Those are the conditions of your sentence Mr Reid. [9] You may stand down.

Miller J

Solicitors:

Crown Solicitor’s Office, Wellington for Crown