Amstad v Police HC Auckland CRI-2011-404-000161

[2011] NZHC 1888

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-000161

BETWEEN  PAENGAROA TIPENE AMSTAD Appellant

ANDPOLICE Respondent

Hearing:         On the Papers

Counsel:         R L Treloar for Appellant

E J Walker for Respondent

Judgment:      27 October 2011

FINAL JUDGMENT OF WHATA J

This judgment was delivered by Justice Whata on

27 Oc tober 2011 at 5.00 p.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

Public Defence Service, PO Box 76 715, Manukau City, Manukau 2241

Meredith Connell, Crown Solicitors, PO Box 2213, Upper Shortland Street, Auckland 1140

AMSTAD V POLICE HC AK CRI-2011-404-000161 27 October 2011

[1]      In  my  judgment  at  [28]  I  indicated  that  I  was  prepared  to  discharge

Mr Amstad without conviction subject to:

(a)       Receiving  confirmation  of  his  commitment  to  joining  the  New

Zealand Army or similar commitment;  and

(b)      Imposition  of  some  other  penalty  to  properly  reflect  this  Court’s

remaining concern about the offending.

[2]      I have now received correspondence confirming Mr Amstad’s application to join the New Zealand Army, and a reply indicating that he had satisfied the informational requirement for such application, subject to a repeat physical fitness test.

[3]      I also have an agreed recommendation as to alternative penalty from counsel, namely:

(a)       200 hours voluntary community work with the Salvation Army;  and

(b)      To serve the remaining two months disqualification from driving, to

take effect two months from the date of the Court’s decision.

[4]      I am satisfied that these suggested orders provide an appropriate penalty when considered in conjunction with the appellant’s commitment to entering the New Zealand Army.  While there can be no certainty about the appellant’s entry into the forces, or the duration of his time in these forces, affording him that opportunity to make that commitment better serves the purposes and principles of the Sentencing Act 2002.

[5]      Accordingly, the appeal is allowed, the convictions are set aside, with the following additional penalty imposed:

(a)       Mr Amstad must undertake 200 hours voluntary community work with the Salvation Army;  and

(b)Mr Amstad must serve the remaining two months’ disqualification from driving, to take effect two months from the date of this Court’s

decision.

Whata J