Fisher v Police
[2023] NZHC 1568
•22 June 2023
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2023-425-6
[2023] NZHC 1568
BETWEEN TOMMY SHANNON FISHER
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: On the papers Appearances:
J A T Ross for Appellant
M B Brownlie for Respondent
Judgment:
22 June 2023
JUDGMENT OF DUNNINGHAM J
This judgment was delivered by me on 22 June 2023 at 3.15 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
FISHER v NEW ZEALAND POLICE [2023] NZHC 1568 [22 June 2023]
[1] On 29 March 2023, Judge D G Harvey sentenced the appellant, Mr Fisher, to two years and three months’ imprisonment on a range of charges.1 Mr Fisher filed an appeal against sentence alleging there was an error in sentence because he was sentenced on charges which should not have been before the Court.
[2] I have now received a joint memorandum of counsel confirming that the Judge sentenced on a range of charges, and an associated summary of facts, which had not been amended to reflect the fact that the following charges had been withdrawn:
(a)using a document (x 11); and
(b)burglary (x 2).
[3] In light of this information, it is clear that there was an error in the sentence imposed and, consequently, a different sentence should be imposed and the appeal is allowed.2
[4] In the circumstances, and to preserve the appellant’s appeal rights when sentenced on the correct charges in the District Court, I make the following orders:
(a)the sentence of two years and three months’ imprisonment imposed in the District Court is quashed; and
(b)the matter is remitted back to the District Court for sentencing in respect of the remaining charges and on the summary of facts which pertains to those charges.
Solicitors:
Crown Solicitor, Invercargill
Copy To:
J A T Ross, Barrister
1 New Zealand Police v Fisher [2023] NZDC 6072.
2 Criminal Procedure Act 2011, s 250(2).
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