Martinson v Police

[2017] NZHC 2791

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI 2017-404-286

[2017] NZHC 2791

BETWEEN

RICHARD JOSEPH MARTINSON

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

14 November 2017

Counsel:

G Harvey for the Appellant

K E Tuialii for the Respondent

Judgment:

14 November 2017

RESULT JUDGMENT OF DUFFY J

Solicitors/Counsel:

Mason Treloar Harvey, Pukekohe Crown Solicitor, Manukau

MARTINSON v NEW ZEALAND POLICE [2017] NZHC 2791 [14 November 2017]

[1]    I am satisfied in this instance the Judge was wrong not to order a reparation report as was available to him under s 33 of the Sentencing Act 2002. Further, I consider that error to be one that is fatal to the decision to order reparation. Accordingly, the reparation order is set aside and the matter is remitted back to the District Court for further consideration in circumstances where the Court should before imposing any further reparation order obtain a report on Mr Martinson’s financial circumstances. Enquires should also be made as to the value of the trailer and vehicle immediately before the accident and the cost of repairing them to that value.

[2]Full reasons for my decision will follow in due course.

Duffy J