Jolly v Police

[2014] NZHC 1590

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CRI-2014-442-11 [2014] NZHC 1590

BETWEEN

DARREN ALBERT JOLLY

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:

8 July 2014

(Heard at Wellington)

Appearances:

A Heward for appellant
E Riddell for respondent

Judgment:

8 July 2014

ORAL JUDGMENT OF CLIFFORD J

[1]      This is an appeal against sentence.  The Crown consents to the appeal being allowed.

[2]      The  effect  is  that  the  sentence  of  19  months’ imprisonment  imposed on Mr Jolly on one of the charges he faced, (CRN 183), by Judge Zohrab in the District Court at Nelson on 11 June 2014,1 is quashed and that a nominal concurrent sentence of five months’ imprisonment is substituted in its place.

[3]      On the basis that the Crown consents to that outcome, this appeal is allowed and the orders follow the Crown memorandum.

[4]      I note, for the record, that the Crown’s consent to this appeal reflects the Crown’s agreement with the appellant, and the Crown’s advice to this Court, that at the time of sentencing it was understood by all involved, including Judge Zohrab,

that Mr Jolly would be released very shortly after his sentencing date, based on time

1      R v Jolly DC Nelson CRI-2013-042-001945, 11 June 2014.

JOLLY v POLICE [2014] NZHC 1590 [8 July 2014]

served.  The effect of allowing this appeal is that Mr Jolly will be released on 10 July

2014.

“Clifford J”

Solicitors:

City Legal, Nelson for appellant.

Crown Solicitor, Nelson for respondent.