Booth v R

[2016] NZSC 43

NOTE: PUBLICATION OF NAMES, ADDRESSES, OCCUPATIONS OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE SUPREME COURT OF NEW ZEALAND

SC 10/2016
[2016] NZSC 43

BETWEEN	EDWARD THOMAS BOOTH Applicant
AND	THE QUEEN Respondent

Court:	William Young, Glazebrook and Arnold JJ
Counsel:	A J Bailey for Applicant K S Grau and K A Courteney for Respondent
Judgment:	27 April 2016

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Booth v R [2015] NZCA 603).

BThe approved question is whether the sentencing Judge was correct to structure the appellant’s sentence in the way that he did, particularly as that sentence structure means that the time that the appellant spent on remand does not count towards his total period of imprisonment served or for parole eligibility purposes.

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Solicitors:
Crown Law Office, Wellington for Respondent