Norris v Police HC Christchurch CRI 2010-409-209

[2010] NZHC 2209

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2010-409-000209

JACK OLIVER NORRIS

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         9 December 2010

Counsel:         C D Eason for Appellant

M A V Raj for Respondent

Judgment:      9 December 2010

ORAL JUDGMENT OF PANCKHURST J

[1]      This appeal was against an end sentence of 26 months’ imprisonment made up of five cumulative sentences ranging from 12 months to one month.   The sole ground of appeal was that in imposing a 26 month sentence, the Judge had exceeded a sentencing indication of 20-24 months’ imprisonment, and that thereby a miscarriage had occurred.

[2]      At the outset of his submissions, however, Mr Eason indicated that his instructions were to pursue the appeal but only with reference to the lead sentence of

12 months’ imprisonment for burglary.  That is, the appellant did not wish to have

JACK OLIVER NORRIS V NEW ZEALAND POLICE HC CHCH CRI-2010-409-000209  9 December 2010

the sentence as a whole set aside so that he may replead to the offences and defend the charges or be resentenced afresh.

[3]      Following a brief discussion, Mr Eason accepted that the ground of appeal did not enable the appellant to adopt the approach indicated by his instructions to counsel.   In these circumstances Mr Eason advised that the appeal was not to be

prosecuted further, and it is dismissed accordingly.

Solicitors:

Colin Eason Barrister, Christchurch for Appellant

Raymond Donnelly & Co, Christchurch for Respondent