Carter v The Queen

[2016] NZCA 535

IN THE COURT OF APPEAL OF NEW ZEALAND

CA327/2014
[2016] NZCA 535

BETWEEN	JOHN ANDREW CARTER Appellant
AND	THE QUEEN Respondent

Hearing:	8 November 2016
Court:	Asher, Woodhouse and Ellis JJ
Counsel:	M R Bott for Appellant H W Ebersohn for Respondent
Judgment:	9 November 2016 at 11.45 am

JUDGMENT OF THE COURT

AAn extension of time to appeal is granted.

BThe appeal against conviction is dismissed.

CThe appeal against sentence is allowed.

DThe concurrent sentences of three years and three months’ imprisonment are quashed.

EWith the support of the Crown, sentences of three years’ imprisonment are substituted, the sentences to be concurrent.

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[Reasons to follow]

Solicitors:

Crown Law Office, Wellington for Respondent