Hokai v Police

[2014] NZHC 2716

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CRI 2014-488-19
CRI 2014-488-20

CRI 2014-488-21 [2014] NZHC 2716

BETWEEN

ETHAN JAMES HOKAI

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	(on the papers)
Counsel:	A Dooney for Appellant M B Smith for Respondent
Judgment:	3 November 2014

JUDGMENT OF HEATH J

This judgment was delivered by me on 3 November 2014 at 2.00pm pursuant to Rule

11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Crown Solicitor, Whangarei
Counsel:

A Dooney, Whangarei

HOKAI v NEW ZEALAND POLICE [2014] NZHC 2716 [3 November 2014]

[1]      Mr Hokai pleaded guilty, in the District Court at Whangarei, to one charge of breaching a home detention sentence, three burglaries and one of taking a motor vehicle dishonestly.  He came up for sentence before Judge McDonald on 17 June

2014.1   The Judge also had before him an application by a probation officer to cancel

an existing sentence of home detention and to impose imprisonment.2

[2]      Judge McDonald imposed a period of nine months imprisonment to reflect the balance of the home detention sentence that he cancelled.   On the burglary charges to which Mr Hokai had pleaded guilty, he was sentenced to one year four months imprisonment, cumulative on the nine months imposed in substitution for the home detention sentence.  Sentences of one year four months imprisonment and six months imprisonment were imposed concurrently on the remaining charges.   The Judge imposed an end sentence of one of two years and three months imprisonment.

[3]      Mr Hokai appealed against the sentence imposed.  It is agreed that the Judge made a mathematical error in the computation of the sentences imposed.   While, individually, there was no error, the correct end sentence ought to have been one of two years and one month’s imprisonment.

[4]      As the appeal is designed only to correct the end sentence, the Police do not oppose.  I consider it is preferable that the end sentence be amended to avoid any risk that its current expression may disadvantage Mr Hokai inappropriately.

[5]      The appeal against sentence is allowed, to the extent that the correct end sentence to be imposed shall be recorded as one of two years and one month’s

imprisonment.  No adjustment to individual sentences is required.

P R Heath J

Delivered at 2.00pm on 3 November 2014

1      Police v Hokai DC Whangarei CRI-2014-088-001168, 17 June 2014.

2      Sentencing Act 2002, s 80F.