A Dunedin man who took just three hours to breach a court order has failed in his appeal.
Kayne Livett (31) was originally jailed in April for domestic violence and driving charges and six months’ release conditions were added on expiry of the sentence.
Among those was the order not to contact his partner.
Livett was released from prison on May 6 at 9am, knowing what was expected of him.
However, he did not make it through until lunchtime.
The defendant was not at the address he was supposed to be living and was found with his partner.
He was arrested and remanded in custody.
On May 8, he was brought before the Dunedin District Court where Judge Michael Turner sentenced him to seven months’ jail.
Judge Turner described Livett’s offending as deliberate, blatant and involving a complete disregard for his obligations.
An electronically monitored sentence was not enough to personally deter the man, he ruled.
In the High Court at Dunedin last month, defence counsel Brendan Stephenson argued the sentence was unjust because of the increase to the penalty because of Livett’s chequered history.
Crown prosecutor Chris Bernhardt, though, said it was warranted, since the defendant had previously breached release conditions six times and had breached other sentences four times.
A similar breach in May 2019 was punished with two weeks behind bars, the court heard.
Justice Gerard van Bohemen ruled there was no error.
The conditions, he said, were in place to protect Livett’s partner and limit his likelihood of reoffending.
“Mr Livett has failed to learn from his earlier sentences for breach of release conditions and other court orders,” the judge said.
Despite the ruling, it is understood the man has been released after serving the sentence.
