Petersen v Department of Internal Affairs

[2012] NZHC 1934

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI-2012-485-000055 [2012] NZHC 1934

BETWEEN  MATTHEW HARALD PETERSEN Appellant

ANDDEPARTMENT OF INTERNAL AFFAIRS Respondent

Hearing:         3 August 2012

Counsel:         V C Nisbet for Appellant

J A Ongley for Respondent

Judgment:      3 August 2012

SUPPLEMENTARY ORAL JUDGMENT OF COLLINS J

[1]      On 18 July 2012 I delivered a provisional judgment.  In that judgment I said that I would allow Mr Petersen’s appeal provided his parents’ home was assessed as being a suitable place for Mr Petersen to serve his sentence of 12 months’ home detention.

[2]      The community probation service have assessed Mr Petersen’s parents’ home. It has been assessed as being a suitable place for Mr Petersen to serve his sentence of home detention.

[3]      Accordingly,  I  now  allow  Mr  Petersen’s  appeal  from  the  sentence  of

13 months’ imprisonment imposed by the District Court and impose a sentence of

12 months’ home detention on the following terms and conditions which I impose pursuant to s 80D of the Sentencing Act 2002:

(1)Mr Petersen is to reside at 4 Rae Lane, Paraparaumu for the duration of  the  home  detention  sentence  and  not  move  from  that  address

without the prior written approval of a probation officer.

PETERSEN V DEPARTMENT OF INTERNAL AFFAIRS HC WN CRI-2012-485-000055 [3 August 2012]

(2)Today Mr Petersen is to travel directly to 4 Rae Lane, Paraparaumu and await the arrival of a probation officer and security officer.

(3)Mr Petersen is to abide by the rules of home detention for the duration of his sentence, to the satisfaction of a probation officer.

(4)Mr Petersen is not to own or possess a computer or any electronic device/equipment capable of internet access, except during the legitimate   course   of   employment   and   with   the   prior   written permission of a probation officer.

(5)Mr Petersen is to make available to any probation officer and his/her agent any computer or electronic equipment in his possession or control for the purposes of checking and monitoring his use of any computer or electronic equipment to ensure compliance with the conditions of his home detention.

(6)Mr Petersen is not to contact or associate with any person under the age of 16 years unless in the presence of and under the direct supervision of an informed adult previously approved in writing by the probation officer as a person over the age of 20 years who is fully aware of Mr Petersen’s previous offending and high risk situations, and  who  will  not  support  or  collude  with  any  possible  further offending by Mr Petersen.

(7)Mr Petersen is to attend a department psychological assessment and undertake and complete any required counselling/treatment programme, including WellStop, as recommended by the assessment, and to the satisfaction of the probation officer and programme provider.

(8)Mr  Petersen  is  to  notify  his  probation  officer  prior  to  starting, terminating, or changing any position or place of employment.

[4]      In addition, a special post-detention condition is imposed pursuant to s 80N of the Sentencing Act 2002.  That special condition requires Mr Petersen to continue to attend WellStop (or such other counselling/treatment programme as directed by a probation officer) after the completion of his period of home detention in order to complete the WellStop (or such other counselling/treatment programme as directed by a probation officer).  The special post-detention condition is designed to ensure that Mr Petersen takes full advantage of the opportunity he has to receive appropriate counselling  and  treatment.    The  special  post-detention  condition  cannot  extend

beyond 12 months from the completion of the period of his home detention.[1]

[1] Sentencing Act 2002, s 80N(2) and (4).

D B Collins J

Solicitors:

Val Nisbet, Wellington for Appellant

Crown Solicitor, Wellington for Respondent