Hansen v Police

[2015] NZHC 3003

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI-2015-425-000044 [2015] NZHC 3003

BETWEEN

ANTHONY TREVOR HANSEN

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	30 November 2015 (On the papers)
Appearances:	S Williamson for Appellant M-J Thomas for Crown
Judgment:	30 November 2015

JUDGMENT OF DUNNINGHAM J

[1]      This is an application under s 180 of the Criminal Procedure Act 2011 (the Act) to correct an erroneous sentence.   Counsel for the Crown and defendant are agreed that the application can be dealt with on the papers, and can be granted.

Background

[2]      On 31 March 2015, the appellant was sentenced to 19 months’ imprisonment on a range of charges of dishonestly using a document to obtain a pecuniary advantage.

[3]      Because one of the matters for which he was imprisoned was laid 54 days after  the  initial  charges,  it  is  agreed  that  Mr  Hansen  would  serve  an  effective

sentence of approximately 21 months, which was unintended.

HANSEN v NEW ZEALAND POLICE [2015] NZHC 3003 [30 November 2015]

[4]      Counsel  for Mr Hansen  applied  for,  and  was  granted, a rehearing under s 177(2)(b) of the Act to amend the sentence.   On 3 July 2015 the District Court granted  the  application  and  amended  the  sentence  on  CRN15025000312  to

12 months’ imprisonment, which resolved the issue as to the overall sentence served.

[5]      It later came to the attention of counsel for Mr Hansen, that the District Court did not have jurisdiction to grant a rehearing under s 177 of the Act as the maximum penalty for the offence was more than three years’ imprisonment. As a consequence, this application was filed under s 180 of the Act, for this Court to correct the sentence given on rehearing.   On 2 October 2015, the District Court removed the matter to the High Court under s 180(3) to deal with correcting the sentence, as a matter of law.

Outcome

[6]      Both counsel for the defendant and counsel for the Crown have asked that, in relation to CRN15025000312, the Court grant the application under s 180 of the Act and impose a sentence of 12 months’ imprisonment on that charge, in the interests of justice.

[7]      I am satisfied that it is appropriate that the order be made, so that the overall sentence  intended  by  the  District  Court  Judge  as  being  appropriate  in  law,  is imposed.

[8]      Accordingly,  the  application  is  granted,  and  the  sentence  imposed  on

CRN15025000312, is amended to a sentence of 12 months’ imprisonment.

Solicitors:

Hewat Galt, Invercargill

Preston Russell Law, Invercargil