IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2025-404-000227
[2025] NZHC 1675
BETWEEN GREGORY IOANE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 23 June 2025 Appearances:
V I Tava for the Appellant
S K Jocelyn for the Respondent
Judgment:
24 June 2025
REASONS JUDGMENT OF ANDREW J
This judgment was delivered by Justice Andrew on 24 June 2025 at 3.00 pm
pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar
Date ………………………….
IOANE v NEW ZEALAND POLICE [2025] NZHC 1675 [24 June 2025]
[1]This judgment contains my reasons for allowing this appeal.
Introduction
[2]This is an appeal against sentence.
[3] In the District Court, the appellant, Mr Ioane, pleaded guilty to one representative charge of causing harm by posting digital communications,1 a further discrete charge of causing harm by posting digital communications, and a charge of breaching a protection order.2 He was sentenced to seven-and-a-half months’ home detention.
Factual background
[4] Mr Ioane had previously been in a relationship with the victim of his offending. On 1 October 2021, he posted explicit naked pictures of the victim on an Instagram story and shared explicit images via messages to the victim’s friends, family and colleagues. Sixteen explicit images were shared to various people linked to the victim, showing both full and partial nudity, as well as close up images of female genitalia, and occasionally the victim’s face was included in the photos. The victim’s cousin was also sent 18 nude and explicit images of the victim.
[5] On 6 April 2023, Mr Ioane pleaded guilty to the representative charge of causing harm by posting digital communications. However, on 11 October 2023, before sentencing and while subject to a protection order in respect of the same victim, Mr Ioane again posted an intimate image of the victim on Instagram and tagged family members of the victim in that post.
[6] On 2 September 2024, Judge Moses sentenced Mr Ioane to 11 months’ home detention in respect of both instances of the posting digital communications offending (that in 2021 and that in 2023) and the breach of a protection order charge.
1 Harmful Digital Communications Act 2015, s 22: maximum penalty two years’ imprisonment or fine of $50,000. I note Mr Ioane pleaded guilty to this first charge at a very late stage.
2 Family Violence Act 2018, ss 90(a), 9, and 112(1)(a): maximum penalty three years’ imprisonment.
[7] In January 2025, Mr Ioane encountered issues with his home detention address. He was remanded in custody on 16 January 2025. He spent 103 days in custody until he was resentenced on 29 April 2025 to seven-and-a-half months’ home detention. At the resentencing, Judge McIlraith took account of the four-and-a-half months Mr Ioane had already spent on home detention prior to his remand in custody. However, the issue of the 103 days that elapsed from Mr Ioane being remanded in custody to being resentenced was overlooked as it was…
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- Ioane v Police [2025] NZHC 1675
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- [2025] NZHC 1675
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CaseChat Overview and Summary
The legal issue before the High Court was whether the resentencing judge should have taken into account the additional 103 days Ioane spent in custody while awaiting resentencing. The court considered whether the error in not considering this period of custody warranted a new sentence. The court referenced previous cases that held that credit for time spent in custody should be given when sentencing for home detention, and the principle that an offender should not be worse off by having their sentence commuted to home detention.
The High Court found that the resentencing judge had indeed made an error in not considering the additional 103 days Ioane spent in custody, which resulted in a manifestly excessive sentence. The court quashed the seven-and-a-half-month sentence and substituted it with a sentence of four months' home detention, starting from the resentencing date of 29 April 2025. This meant Ioane would have approximately two months left to serve on his home detention sentence.
The final orders of the court were that the appeal was allowed, the original sentence of seven-and-a-half months' home detention was quashed, and a new sentence of four months' home detention was imposed, beginning from 29 April 2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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