Gower v The King

[2023] NZCA 580

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA263/2023
 [2023] NZCA 580

BETWEEN	DAVID JOHN GOWER Appellant
AND	THE KING Respondent

Hearing:	8 November 2023
Court:	Courtney, Fitzgerald and Churchman JJ
Counsel:	N P Chisnall KC and L A Elborough for Appellant HDL Steele and KFL Lee for Respondent
Judgment:	20 November 2023 at 10 am
Reissued:	20 November 2023 at 3.30 pm

JUDGMENT OF THE COURT

AThe appeal is allowed.

BThe sentence of two years and three months’ imprisonment is set aside.

CA sentence of four months’ community detention is substituted.

DThe sentence is to be served at 40 Colemans Road, Springlands, Blenheim.

EThe curfew period is between the hours of 8.00pm and 7.00am.

FThe sentence is subject to the standard conditions set out in s 69E of the Sentencing Act 2002.

GThe sentence will begin on 21 November 2023.

HMr Gower is to travel directly from prison to the community detention address.

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(Reasons to follow)

Solicitors:
Crown Solicitor, Auckland for Respondent