Bird v Police

[2017] NZHC 955

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

CRI 2017-443-4 [2017] NZHC 955

BETWEEN

RAYMOND LEE BIRD

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	2 May 2017
Counsel:	K R Pascoe for Appellant J A Eng for Respondent
Judgment:	11 May 2017

RESULTS JUDGMENT OF ELLIS J

[1]      Mr Bird’s appeal is allowed.   The sentence of 15 months imprisonment is quashed.  A sentence of seven months home detention is substituted.  That term is intended to take account of the time he has already spent in custody.   In addition, Mr Bird’s name is not to be placed on (or is to be removed from) the Child Sex Offender Register.

[2]      His home detention address and the special conditions are as set out in the PAC Report dated 27 January 2017.  The substituted sentence is to take effect from tomorrow, 12 May 2016.

I have released this as a results judgment in light of the fact that Mr Bird is presently incarcerated.  My reasons will follow in a separate judgment as soon as possible.

Rebecca Ellis J

BIRD v POLICE [2017] NZHC 955 [11 May 2017]