Wilson v Police

[2015] NZHC 583

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2014-404-247 [2015] NZHC 583

BETWEEN

TUWAIRUA WILSON

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	26 March 2015
Appearances:	D Nairn for Appellant M Hammer for Respondent
Judgment:	27 March 2015

ORAL JUDGMENT OF WYLIE J

Solicitors:

Meredith Connell, Auckland

D Nairn, Auckland

WILSON v NZ POLICE [2015] NZHC 583 [27 March 2015]

[1]      Mr Wilson was sentenced to six months imprisonment by Judge G T Winter in the District Court at Manukau on 29 July 2004.   The sentence was imposed in respect of a charge of burglary pursuant to s 231 of the Crimes Act 1961, unlawfully getting into a motor vehicle pursuant to s 226(2) of the Crimes Act and unlawfully being in an enclosed yard pursuant to s 29(1)(b) of the Summary Offences Act 1981.

[2]      Judge Winter was satisfied that Mr Wilson should be given leave to apply for home detention pursuant to s 81 of the Sentencing Act, and he granted leave to him in that regard.

[3]      Mr Wilson was remanded in custody.

[4]      Mr Wilson then appealed the sentence imposed by Judge Winter to this Court. He spent some two weeks in custody before being granted bail pending the hearing of the appeal.

[5]      The appeal came before the Court on 23 February 2015.  It was heard by me. In a judgment issued on 27 February 2015, I concluded that there were errors in the sentencing process, but that nevertheless the appropriate sentence was one of six months’ imprisonment.    I  noted  that  no  address  for  community  detention  was available and that a sentence of community work or supervision on its own without electronic monitoring would  be inadequate to meet the principles of deterrence, denunciation and accountability which are enshrined in s 7 of the Sentencing Act. The appeal was dismissed.

[6]      On 12 March Mr Wilson was sent a letter by the Registrar directing him to surrender to Mt Eden prison by 3pm on 13 March 2015.  He was told that a warrant would be issued if he did not surrender his bail.

[7]      Mr Wilson failed to surrender his bail and an arrest warrant was issued by me on 24 March 2015.

[8]      I am  told  by Mr Nairn  that  yesterday Mr Wilson  went  to  the Manukau District Court, and that he was then told to go to the Auckland District Court.  He was aware that a warrant had issued, and he promptly surrendered his bail at the Auckland District Court. As I understand it he was arrested at the Court.

[9]      Mr  Nairn  now  seeks  bail,  or  alternatively  that  the  sentence  should  be deferred.  He tells me that Mr Wilson is endeavouring to obtain an address so that he can make application pursuant to the leave reserved by Judge Winter. Apparently his partner’s address is available but checks have not yet been completed by the Department of Corrections to determine whether the address is suitable for electronic monitoring.   Nor has the consent of Mr Wilson’s partner, a resident in the house, been obtained.

[10]     Ms Hammer appearing for the Crown submits that Mr Wilson should start his sentence, and make application for a sentence of home detention as required by s 80(K) of the Sentencing Act.

[11]     In my view the course proposed by Ms Hammer is appropriate.  Mr Wilson is a sentenced prisoner.   It is appropriate that he should commence his sentence of imprisonment in accordance with the judgment of the District Court and the decision of this Court on appeal.  Application can be made under s 80(K) for a sentence of home detention once Mr Wilson is in custody.  In this regard I direct the Department of Corrections to undertake an assessment of the address to be provided by Mr Wilson’s counsel as soon as is reasonably practicable.   Leave is reserved to Mr Wilson to make application once a suitable address can be found.  In the interim Mr

Wilson is remanded in custody.

Wylie J