Bancroft v The Queen

[2015] NZCA 140

IN THE COURT OF APPEAL OF NEW ZEALAND

CA737/2014
[2015] NZCA 140

BETWEEN	WILLIAM PHILLIP BANCROFT Appellant
AND	THE QUEEN Respondent

Hearing:	29 April 2015
Court:	French, Simon France and Clifford JJ
Counsel:	M Dyhrberg QC for Appellant G A Kelly for Respondent
Judgment:	30 April 2015 at 11.30 am

JUDGMENT OF THE COURT

AThe appeal against sentence is allowed.

BPursuant to s 385(3)(c) of the Crimes Act 1961, the case is remitted to the High Court with a direction that:

(a)The High Court quash the sentence of three years six months’ imprisonment.

(b)The High court re-sentence the appellant on the basis of a factual finding that the amount of methamphetamine supplied was 0.5 grams.

CThe case is to be brought before the High Court at the earliest possible opportunity.

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[Reasons to follow]

Solicitors:
Crown Law Office , Wellington for Respondent