Judge Tom Gilbert said at the time he did not think a sentence of home detention would be appropriate in McGirr’s case as his actions in the past created the impression that he thought “compliance with court orders is optional”. He granted McGirr leave to apply for his sentence to be commuted to a non-custodial sentence, but only to a residential drug and alcohol treatment programme. On Friday, McGirr appeared in the Christchurch District Court to request to be released to a privately funded drug and alcohol rehabilitation programme in Auckland. The proposed programme involved a 30-day residential programme followed by five months in a sober living house.
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