DEPARTMENT OF CORRECTIONS v HOLDEN [2016] NZHC 486
The court granted the Department's application and cancelled the sentence of home detention because the respondent had been offered placement in a residential rehabilitation facility where electronic monitoring could not be maintained, and because the programme concludes shortly before sentence expiry making a...
Source-derived case information.
- Citation
- [2016] NZHC 486
- Parties
- Applicant: Department of Corrections; Respondent: Annette Alicia Holden
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 22 March 2016
- Procedural Posture
- Application Under S 80 F(1) Sentencing Act 2002 to Cancel Sentence of Home Detention / Hearing on Application (decision Made 22 March 2016)
- Outcome
- Application to cancel home detention granted.
- Legal Topics
- Home Detention Cancellation, Residential Rehabilitation Placement, Electronic Monitoring, Sentence Modification
Source-derived case record
Summary, issues, holding and outcome
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Parties
Department of Corrections
Applicant
Annette Alicia Holden
Respondent
Procedural Posture
Application Under S 80 F(1) Sentencing Act 2002 to Cancel Sentence of Home Detention / Hearing on Application (decision Made 22 March 2016)
Legal Issues
- 1 Whether the court should cancel an existing sentence of home detention to permit the respondent to attend a residential rehabilitation programme
- 2 Whether electronic monitoring is compatible with attendance at a residential rehabilitation facility
- 3 Whether a further pre-sentence report is necessary given the remaining term of the sentence and the timing of the rehabilitation programme
Ratio Decidendi
The court granted the Department's application and cancelled the sentence of home detention because the respondent had been offered placement in a residential rehabilitation facility where electronic monitoring could not be maintained, and because the programme concludes shortly before sentence expiry making a further pre-sentence report pointless; the respondent was warned that any failure to comply would result in return to court.
Court Disposition
Application to cancel home detention granted.
Orders
- Cancel the sentence of home detention to allow the respondent to attend a residential rehabilitation programme.
- No pre-sentence report to be obtained at the completion of the residential rehabilitation programme.
Full Case Text
Judgment text and source record
1 paragraphs
DEPARTMENT OF CORRECTIONS v HOLDEN [2016] NZHC 486 [22 March 2016]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCRI-2014-085-006779[2016] NZHC 486UNDER Section 80F(1) of the Sentencing Act 2002BETWEEN DEPARTMENT OF CORRECTIONSApplicantAND ANNETTE ALICIA HOLDENRespondentHearing: 22 March 2016Counsel: S C Carter for ApplicantRespondent in personJudgment: 22 March 2016JUDGMENT OF COLLINS J[1] The Department of Corrections (the Department) has applied to cancel the sentence of home detention, which I imposed on Ms Holden on 24 November 2015.1[2] The sentence of home detention will expire on 23 May 2016.[3] The Department has made the application because Ms Holden has been offered a placement in a residential rehabilitation facility. Ms Holden would not be able to undertake electronic monitoring while attending a residential rehabilitation programme.[4] I have therefore decided to accede to the Department's request thatMs Holden's sentence of home detention be cancelled to allow her to engage in theresidential rehabilitation programme.1 R v Holden [2015] NZHC 2937.[5] As the residential rehabilitation programme will conclude on 20 May 2016, I see no point in seeking a further pre-sentence report at the completion of the residential rehabilitation programme.[6] I have warned Ms Holden that any failure on her part to comply with the terms of the residential rehabilitation programme will result in her appearing before me again.________________________D B Collins JSolicitors:Crown Solicitor, Wellington for Applicant