Wano v Police

[2019] NZHC 1016

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2019-463-20

[2019] NZHC 1016

BETWEEN

SONIA TE AU WANO

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	11 April 2019
Appearances:	G Schweizer for Appellant M Jenkins for Respondent
Judgment:	10 May 2019

[FINAL] JUDGMENT OF LANG J

[on appeal against sentence]

This judgment was delivered by me on 10 May 2019 at 11.30 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

WANO v NEW ZEALAND POLICE [2019] NZHC 1016 [10 May 2019]

[1]    Ms Wano is currently serving a sentence of two years three months imprisonment that was imposed after she pleaded guilty to numerous drug-related charges and a charge of receiving stolen goods. In an interim judgment delivered on 11 April 2019 I held that a sentence of no more than two years imprisonment was appropriate.1

[2]    I then adjourned the appeal part-heard to enable updated enquiries to be made in relation to several matters. These included the availability of the address at which Ms Wano proposes to serve a sentence of home detention, confirmation that Ms Wano is now committed to engage whole-heartedly in rehabilitation for her drug dependency and the availability of meaningful drug rehabilitation programmes if Ms Wano was to be sentenced to home detention.

[3]    I have now received two updating PAC reports. These satisfy me that Ms Wano is committed to continue her rehabilitative efforts and that the address at which she proposes to serve a sentence of home detention remains available to her. In addition, meaningful drug rehabilitation programmes are available in Tokoroa, a short distance from where Ms Wano will be residing. Ms Wano’s daughter has confirmed she will assist her mother to travel from her address to attend any rehabilitative programmes her probation officer might require her to participate in.

[4]    I express my appreciation to the author of the updating reports for the efforts he has undertaken at short notice on the Court’s behalf. These have enabled me to impose a sentence I consider to be in the best long-term interests of the community.

[5]    Any sentence of home detention will obviously need to take into account the fact that Ms Wano has now served nearly four months of her sentence of imprisonment. I quash all of the sentences of imprisonment imposed by the Judge on 17 January 2019. In their place I sentence Ms Wano to eight months home detention on the lead charge of being in possession of cannabis plant for supply. On each of the other charges she is sentenced to two months home detention. All sentences are to be served concurrently.

1      Wano v R [2019] NZHC 800.

[6]    This judgment is to take effect on Monday 13 May 2019 so as to allow the Corrections authorities sufficient time to make the necessary arrangements to install electronic monitoring equipment at Ms Wano’s address. Ms Wano is to be released on that date at a time convenient to the prison authorities and is to travel by the most direct practicable route to the address at which she is to serve the sentence of home detention. She is to remain at that address to await the arrival of the electronic monitoring authorities who will induct her into the sentence, The sentence is then to be served on the conditions set out in the PAC report dated 30 April 2019.

Lang J

Solicitors:

Crown Solicitor, Rotorua

G A M Schweizer, Barrister, Auckland