Costello v The Queen

[2015] NZCA 505

IN THE COURT OF APPEAL OF NEW ZEALAND

CA10/2015
[2015] NZCA 505

BETWEEN	NICHOLAS ANTHONY COSTELLO Appellant
AND	THE QUEEN Respondent

CA70/2015
BETWEEN	JONATHAN JAMES COSTELLO Appellant
AND	THE QUEEN Respondent

Hearing:	13 October 2015
Court:	Ellen France P, Asher and Collins JJ
Counsel:	M R Bott for Appellant N A Costello M J Bullock for Appellant J J Costello M H Cooke for Respondent
Judgment:	27 October 2015 at 11 am

JUDGMENT OF THE COURT

A        The appeals against sentence are allowed.

BThe sentence of three years imprisonment on the charge of obtaining by deception imposed on Nicholas Costello is quashed.  In its place a sentence of 18 months imprisonment is substituted, to be served concurrently.  The sentences of three years imprisonment, all concurrent, imposed on the other charges remain.

CThe sentence of three years and four months imprisonment on the charge of obtaining by deception imposed on Jonathan Costello is quashed.  In its place a sentence of 15 months imprisonment is substituted, to be served concurrently.  The sentences of three years four months imprisonment, all concurrent, imposed on the other charges apart from attempted theft remain.  The term of one months imprisonment on the attempted theft charge remains, to be served concurrently.

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(Reasons to follow)

Solicitors:
Crown Law Office, Wellington for Respondent