Judge dismayed as sentencing delayed

A judge has expressed concern about ongoing access difficulties at Christchurch Men’s Prison that have held up a Christchurch District Court sentencing.

Judge Jim Large has had to put off a sentencing to January when another judge will take it over.

The probation officer’s presentence report was due to be completed in time for yesterday’s sentencing for a man convicted of dangerous driving, driving while suspended, failing to stay stopped for the police, resisting police, and possession of an offensive weapon.

Defence counsel Karen Chalmers pointed out the delay would mean her client, who remains in custody, would have effectively served all of his likely prison sentence by the time the sentencing happened.

The judge said he was concerned to receive a memorandum from probation saying it had not been able to get access to an offender to prepare a report even though he was being held in custody at the prison.

‘‘I would have thought the left hand would be able to shake the right,’’ the judge said.

The probation officer in court apologised for the difficulties and the delay.

Judge Large said he could not go ahead with the sentencing without the report.

‘‘The penalty part is easy because he is going to prison,’’ the judge said. But he needed the report to decide what could be done about the offender’s rehabilitation needs.

Judge Large said the sentencing could be brought forward from January 21 if a date became available and if the pre-sentence report became available.

The probation officer said if a date did become available, probation would make a special effort to get the report done quickly.

The delay comes after weeks of other defence counsel at court complaining about difficulties they are having in trying to reach their clients at the prison by phone.

Some have told judges of making more than 12 calls and still not being able to reach remand prisoners to get the instructions they need ahead of court appearances.

Counsel usually cannot get instructions when prisoners are brought to the court before their appearances these days.

The usual method now is for prisoners to appear by video link from a booth at the prison.