R v Kingi no.2 [2012] NZHC 3420 (14 December 2012)

Last Updated: 20 December 2012

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2010-088-2612 [2012] NZHC 3420

THE QUEEN

v

_{IKE KINGI}

Hearing: 14 December 2012

Counsel: A L Patterson for Crown

A B Fairley for Prisoner

Judgment: 14 December 2012

_{(ORAL) JUDGMENT (NO. 2) OF HEATH J}

Solicitors:

Crown Solicitor, PO Box 146, Whangarei

_{Thomson Wilson, PO Box, Whangarei}

R V KINGI HC WHA CRI 2010-088-2612 [14 December 2012]

[1] Mr Kingi appeared today for sentence. He had been remanded to today’s date for sentencing by Lang J on 22 November 2012. Mr Kingi has pleaded guilty to drug related charges, including ones involving the Class A controlled drug, methamphetamine. Among the others to which he has pleaded guilty are a number relating to supply.

[2] Over the objection of the Crown, at a hearing on 11 October 2012, I adjourned sentencing to enable Mr Kingi to undertake a residential rehabilitation programme. There were difficulties, in the sense that the programme was part way through at that stage. However, I was persuaded that Mr Kingi had demonstrated a sufficient personal commitment to rehabilitate to make it in the interests of justice that the adjournment take place.

[3] When Mr Kingi was brought before the Court on 22 November 2012, he had completed that part of the rehabilitation course that had been available to him. Lang J was faced with a suggestion that Mr Kingi attend a six month residential programme in Auckland next year. At that stage, however, no details were available.

[4] Initially, Mr Kingi had been bailed to the rehabilitation centre at which he was to attend following the appearance on 11 October 2012. It was necessary for Lang J to reconsider questions of bail given that the programme was effectively over by that time. Lang J remanded Mr Kingi on bail at his sister’s home in Hamilton pending his appearance today.

[5] I have received a report from the Ngati Hine Health Trust which comments on the progress Mr Kingi has made. It is planned that he attend a programme over some 12 weeks beginning February 2013. A start date for that programme cannot yet be finalised because the Trust is in the process of restructuring.

[6] In those circumstances, Mr Fairley, for Mr Kingi, has had to advance a submission that bail continue at Mr Kingi’s sister’s address pending the programme’s commencement.

[7] Ms Patterson, for the Crown, has understandably opposed the application for further bail. She does so on the basis that Mr Kingi has pleaded guilty to serious charges, that imprisonment is inevitable and the likely strains to be put on family members over the Christmas period. I am also aware, from information provided today, that Mr Kingi’s sister is due to have a baby shortly. Ms Patterson expresses some concern about that and the possibility it may heighten tensions if Mr Kingi were resident at the home on a 24 hour curfew.

[8] I have also received a letter from Mr Kingi’s sister. She has expressed the view that since her brother has been staying with her, she had seen “the amazing transformation” that he has adopted. She adds that since her brother “has completed the drug and alcohol course, I have noticed [his] behaviour towards people and [his] drug habit changed for the good. He has also talked about the regret and remorse he has”. A positive attitude is being displayed.

[9] I am concerned that any remand in custody to allow Mr Kingi to attend the further programme would defeat the purpose of the original decision to defer sentencing. The positive changes that have been made could well fall away if he were to be put into a prison environment, associating with people who had also

offended in the manner that he did. I am satisfied that it is in the interests of justice[1]

for bail to be granted on the terms indicated by Lang J in his earlier decision.

[10] However, bail will extend only until 9am on 5 February 2013 when Mr Kingi will be required to be present and a firm date for commencement of the programme advised. If no firm date were available by that stage, Mr Kingi is at real risk of being remanded in custody pending sentence. Adjournments cannot go indefinitely in cases such as this. The gap between the first part of the treatment programme and

_{the second would also cause me concern.}

[11] For those reasons, the sentencing of Mr Kingi is further adjourned to a date to be fixed at the hearing on 5 February 2013. In the meantime, Mr Kingi is remanded

_{on existing terms of bail to appear at that time in this Court.}

P R Heath J

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[1] Bail Act 2000, s 13(1).