27 Jun 2019
SMITH v NZ POLICE [2019] NZHC 1486
- Citation
- [2019] NZHC 1486
- Court
- High Court
Intensive supervision was justified given the appellant's history and need for judicial monitoring to incentivise compliance, but the two year maximum was not shown to be required so the term was reduced to 18 months; the special residence condition was unlawful because it inappropriately reversed the standard balance and lacked justification, while the condition permitting probation to control the circumstances of contact with the victim was lawful and necessary to reduce reoffending risk and protect the victim despite the existence of a protection order.