Manning v The Queen

[2015] NZHC 882

IN THE COURT MARTIAL APPEAL COURT OF NEW ZEALAND

WELLINGTON REGISTRY

CIV-2015-485-000120

[2015] NZHC 882

UNDER

The Court Martial Appeals Act 1953

BETWEEN

PHILLIP JOHN MANNING

Appellant

AND

THE QUEEN

Respondent

Hearing:

30 April 2015

Court:

Collins J

Judge Billington QC Judge McGregor

Counsel:

P L Murray for Appellant

Lieutenant Colonel M K Hill and Captain M J McGrath for Respondent

Judgment:

30 April 2015

JUDGMENT OF THE COURT

[1]                   We are allowing the appeal for reasons which we will explain in our written decision.

[2]                   We are substituting the sentence imposed by the Court Martial with a sentence of three months’ detention at the expiration of which the appellant will be dismissed from Her Majesty’s Service.

MANNING v R [2015] NZHC 882 [30 April 2015]

D B Collins J

Solicitors:

P L Murray, Barrister and Solicitor, Palmerston North for Appellant The Director of Military Prosecutions, Wellington for Respondent