B v Police HC Christchurch Cri-2007-409-31

[2007] NZHC 246

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2007-409-000031

B

Appellant

v

NEW ZEALAND POLICE

Respondent

Counsel:         R G Glover for Appellant

S L L Litt for Respondent

Recall

Judgment:      2 April 2007

RECALL JUDGMENT OF PANCKHURST J

[1]      In allowing this appeal I imposed a sentence of 40 hours community work coupled with a $200 fine, payable at the rate of $20 per week.   Such substituted sentence was imposed without jurisdiction: s20(2) Sentencing Act 2002.

[2]      Accordingly, having obtained the views of counsel, I now recall my oral judgment of 29 March 2007.  In lieu of the previous substituted sentence I quash the order for community work and instead direct that the appellant is to pay a fine of

$400 at the rate of $20 per week.

Solicitors:

Rupert Glover Barrister, Christchurch for Appellant

Raymond Donnelly & Co, Christchurch for Respondent

B V NZ POLICE HC CHCH CRI-2007-409-000031  2 April 2007