Williams v Police [2014] NZHC 2875 (19 November 2014)

Last Updated: 1 December 2014

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2014-454-16 [2014] NZHC 2875

BETWEEN	ROBERT JOHN WILLIAMS Appellant
AND	NEW ZEALAND POLICE Respondent

Hearing:	28 October 2014 (Heard at Wellington)
Counsel:	O S Winter for Appellant M J Lillico and S J Humphrey for Respondent
Judgment:	19 November 2014

_{FINAL JUDGMENT OF MACKENZIE J}

_{I direct that the delivery time of this judgment is}

2.30 pm on the 19^th day of Nov 2014.

Solicitors: WinterWoods Lawyers, Palmerston North for Appellant

Crown Law for Respondent

WILLIAMS v NEW ZEALAND POLICE [2014] NZHC 2875 [19 November 2014]

[1] In my interim judgment of 29 October 2014, I intimated that I intended to allow this appeal, provided the address was suitable for home detention. I ordered a report on the proposed address. That report has now been received and I now deliver a final judgment.

[2] The address has been found to be suitable for home detention. I therefore allow the appeal. The sentence of 18 months imprisonment is quashed. I substitute the following sentence:

(a) a sentence of seven months home detention; (b) a sentence of 300 hours community work.

[3] In fixing the length of the sentence of home detention, I have had regard to the time spent under the sentence of imprisonment, and on 24 hour curfew bail following my judgment of 29 October 2014.

[4] The sentence of home detention commences today, by virtue of s 80X of the Sentencing Act 2002. The appellant is to report to the Palmerston North High Court between 9am and 10am tomorrow, 20 November 2014, to be served with the home detention order. Bail is varied to permit that. He is then to return immediately and directly to 52 Apollo Parade, Palmerston North, and there await the arrival of a probation officer and a representative of the monitoring company.

[5] The sentence of home detention is subject to the following special conditions:

(a) To reside at 52 Apollo Parade, Palmerston North, for the duration of home detention.

(b) To abstain from the consumption and/or possession of alcohol and non-prescription drugs, unless prescribed by a medical practitioner, for the duration of home detention.

(c) Any dogs are to be contained away from the main dwelling at all times to allow unhindered access to the property for the probation

officer, the monitoring company and police for the duration of the home detention sentence.

(d) To attend and participate in an alcohol and drug assessment, then undertake and complete any recommended appropriate alcohol and drug treatment/counselling as recommended by the assessment, to the satisfaction of the probation officer and treatment provider. Details of the counselling or treatment are to be determined by the probation officer.

(e) To attend an assessment for a Departmental rehabilitative programme, and if found suitable, to attend and complete the programme as recommended by the assessment to the satisfaction of the probation officer and the programme provider. The details of the appropriate programme are to be determined by the probation officer.

(f) To attend, participate in and adhere to the rules of a maintenance programme upon completion of a Departmental rehabilitative programme.

(g) To attend any reasonably necessary medical appointments.

[6] This judgment means that bail will end tomorrow, so the appearance which I had scheduled for 21 November 2014 in the High Court at Palmerston North is no longer required, and is vacated.

“A D MacKenzie J”