Hartley v Police [2012] NZHC 600 (30 March 2012)

Last Updated: 29 April 2012

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI-2011-463-000066 [2012] NZHC 600

PAUL JASON HARTLEY

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing: 27 February, 1 and 30 March 2012 (Heard at Rotorua and Auckland)

Counsel: R Vigor-Brown for the Appellant

L L Owen for the Respondent

Judgment: 30 March 2012

_{(ORAL) RESULT JUDGMENT OF DUFFY J}

This judgment was delivered by Justice Duffy on 30 March 2012 at 1.00 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors: R Vigor-Brown P O Box 1032 Rotorua 3040 for the Appellant

_{Gordon Pilditch P O Box 740 Rotorua 3040 for the Respondent}

HARTLEY v POLICE HC ROT CRI-2011-463-000066 [30 March 2012]

[1] The appellant, Mr Hartley, was sentenced to three years’ imprisonment on

one charge of aggravated burglary.

[2] For reasons which will be provided later, I am satisfied that Mr Hartley’s appeal against his sentence should be allowed. Accordingly, the sentence of three years’ imprisonment is quashed. In its place, Mr Hartley is sentenced to nine months’ home detention, which is to take effect from Monday, 2 April 2012. In the meantime, Mr Hartley is remanded in custody.

[3] The standard conditions under s 80C of the Sentencing Act 2002 are to apply. I am also satisfied that special conditions, pursuant to s 80D, are required to reduce the likelihood of further offending by Mr Hartley through his rehabilitation and reintegration. I propose, therefore, to make special conditions as well.

[4] I record that Natasha Houghton, who is the occupant of the address at which Mr Hartley will serve the sentence of home detention, consents to Mr Hartley serving this sentence at that address.

[5] It follows that on Monday, 2 April 2012, Mr Hartley is to be released from prison and upon his release, Mr Hartley is:

(i) To travel directly to 73 Tawhero Street, Mamaku, Rotorua, following release from prison, and await the arrival of the probation officer and the representative of the monitoring company;

(ii) To reside at 73 Tawhero Street, Mamaku, Rotorua, for the duration of the nine month sentence of home detention, and not to move address without the prior written approval of the probation officer;

(iii) Not to possess or consume alcohol and/or illicit drugs for the duration of the nine month sentence of home detention;

(iv) To undertake such family and/or parental responsibilities as negotiated with, and approved by, the probation officer;

(v) To report to the probation officer as directed;

(vi) If Mr Hartley meets the criteria, to undertake a pre-programme interview and complete any department programme, subject to availability, to the satisfaction of the probation officer and the programme facilitator; and

(vii) To undertake and complete a drug and alcohol rehabilitation programme as directed by the probation officer, to the satisfaction of the probation officer and programme provider.

[6] I also impose the following post-detention condition:

(i) To undertake and complete any remaining rehabilitative programme, counselling, treatment and maintenance follow-up programme as directed by the probation officer and to the satisfaction of the probation officer and the programme facilitator.

The post-detention condition is for a period of six months.

Duffy J