Home detention sentencing address opposed by Oranga Tamariki

A judge sentenced an Invercargill man to home detention yesterday to an address opposed by Oranga Tamariki, saying he noted the apprehension but was going to take a chance.

Judge Duncan Harvey sentenced Lemeyal Peneruki Wanakore-Wilson in the Invercargill District Court yesterday to eight months’ home detention and forfeiture of $820 for possession of cannabis (569.5g) for sale at Invercargill on August 4, 2021.

He was found guilty of the charge after a jury trial held in Invercargill last year.

For the past four months Wanakore-Wilson had been working as a contractor living at his employer’s home. At the home was a young child.

Yesterday Lawyer Jono Ross, counsel for Wanakore-Wilson, said a pre-sentence report dated December 6 last year had highlighted concerns from the Department of Corrections about his client being sentenced to home detention at the address due to the child’s presence.

An affidavit had been provided to the court in which the employer said he had no concerns. There were also no concerns from the child’s mother, who lived at another address, as she had known Wanakore-Wilson for some time.

Oranga Tamariki arranged a meeting with Wanakore-Wilson and his employer. The child was not required to attend. The meeting was exceedingly brief, Mr Ross said.

"I suppose its probably fair to question the full safety assessment ... and the inquiry that Oranga Tamariki did."

When Crown lawyer Riki Donnelly was asked to make a submission about placing Wanakore-Wilson in the home, he replied that as Oranga Tamariki was an arm of the Crown and as it did not support the address, neither could the Crown.

The Department of Corrections also did not approve of the address.

Judge Harvey said under normal circumstances he would not allow someone to serve home detention at an address which had not been approved by Corrections; however, he was willing to in this instance.

"I also have some confidence that if you were stupid enough to do anything against the law while at that address he (the employer) would be in communication with police and community corrections.

"I note the apprehension community corrections have about the address but I’m going to take a chance."

 

Advertisement