Gardener's jail sentence slashed

A Whangarei man who breached his home detention while gardening has had his subsequent prison sentence slashed.

Jade Lomas, 19, was sentenced by the Whangarei District Court in September to 11 months in jail for breaching home detention imposed last November on one charge of injuring with intent to injure.

From January, probation services had difficulty enforcing the home detention sentence as Lomas was observed moving in and out of his home detention address boundary.

Lomas had said he was gardening.

Judge John McDonald had cancelled the six months home detention sentence and re-sentenced Lomas to eight months prison plus a further three months for the breach.

At the in the High Court at Whangarei, Lomas appealed against the sentence. .

At the hearing this week Justice Kit Toogood said Judge McDonald got his maths wrong as Lomas should have been sentenced to only two months in prison instead of eight months, as he'd almost completed his home detention.

A three-month term for failing to complete the final month of his home detention sentence was disproportionate, ruled Justice Toogood, who quashed the District Court sentence and substituted it with five months in prison.

Given the time Lomas has already served, he could be eligible for release shortly.

Justice Toogood said he was concerned about Lomas' future as the young man had no support apart from a sister, who was in her early 20s. Lomas had little work experience and a drinking problem.

A Maori tikanga or cultural programme as recommended by the Probation Service would help him, Justice Toogood said.

Lomas was also ordered to undertake an alcohol and drug programme as well as assessment, treatment and counselling as directed by and to the satisfaction of a probation officer.

Judge McDonald told Lomas during his sentencing in September that he wouldn't tolerate offenders treating probation officers in a belligerent and disrespectful way.

Probation officers, Judge McDonald said, already had a difficult job to do and the attitude of people such as Lomas didn't help. Judge McDonald had also raised questions about the nature of Lomas' gardening.