WANO v NEW ZEALAND POLICE [2019] NZHC 1016

WANO v NEW ZEALAND POLICE [2019] NZHC 1016 [10 May 2019]IN THE HIGH COURT OF NEW ZEALANDROTORUA REGISTRYI TE KŌTI MATUA O AOTEAROATE ROTORUA-NUI-A-KAHUMATAMOMOE ROHECRI-2019-463-20[2019] NZHC 1016BETWEEN SONIA TE AU WANOAppellantAND NEW ZEALAND POLICERespondentHearing: 11 April 2019Appearances: G Schweizer for AppellantM Jenkins for RespondentJudgment: 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 RegistrarDate[1] Ms Wano is currently serving a sentence of two years three monthsimprisonment that was imposed after she pleaded guilty to numerous drug-relatedcharges and a charge of receiving stolen goods. In an interim judgment delivered on11 April 2019 I held that a sentence of no more than two years imprisonment wasappropriate.1[2] I then adjourned the appeal part-heard to enable updated enquiries to be madein relation to several matters. These included the availability of the address at whichMs Wano proposes to serve a sentence of home detention, confirmation that Ms Wanois now committed to engage whole-heartedly in rehabilitation for her drug dependencyand the availability of meaningful drug rehabilitation programmes if Ms Wano was tobe sentenced to home detention.[3] I have now received two updating PAC reports. These satisfy me that Ms Wanois committed to continue her rehabilitative efforts and that the address at which sheproposes to serve a sentence of home detention remains available to her. In addition,meaningful drug rehabilitation programmes are available in Tokoroa, a short distancefrom where Ms Wano will be residing. Ms Wano's daughter has confirmed she willassist her mother to travel from her address to attend any rehabilitative programmesher probation officer might require her to participate in.[4] I express my appreciation to the author of the updating reports for the effortshe has undertaken at short notice on the Court's behalf. These have enabled me toimpose 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 thefact that Ms Wano has now served nearly four months of her sentence ofimprisonment. I quash all of the sentences of imprisonment imposed by the Judge on17 January 2019. In their place I sentence Ms Wano to eight months home detentionon the lead charge of being in possession of cannabis plant for supply. On each of theother charges she is sentenced to two months home detention. All sentences are to beserved concurrently.1 Wano v R [2019] NZHC 800.[6] This judgment is to take effect on Monday 13 May 2019 so as to allow theCorrections authorities sufficient time to make the necessary arrangements to installelectronic monitoring equipment at Ms Wano's address. Ms Wano is to be released onthat date at a time convenient to the prison authorities and is to travel by the mostdirect practicable route to the address at which she is to serve the sentence of homedetention. She is to remain at that address to await the arrival of the electronicmonitoring authorities who will induct her into the sentence, The sentence is then tobe served on the conditions set out in the PAC report dated 30 April 2019.Lang JSolicitors:Crown Solicitor, RotoruaG A M Schweizer, Barrister, Auckland