Palu v Police

[2018] NZHC 697

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI-2018-442-1

[2018] NZHC 697

BETWEEN

PAEA I VAHAFOLAU PALU

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

17 April 2018

Appearances:

R Ord for the Appellant

S K O’Donoghue for the Respondent

Judgment:

17 April 2018

RESULTS JUDGMENT OF CULL J

[1]    I have given some consideration to this matter and I have also heard counsel. What I am going to indicate now is that I am going to allow this appeal. I am quashing the sentence of six months imprisonment and imposing a sentence of four months imprisonment. Reasons will follow.

[2]    The same post-release conditions and special release conditions as imposed by Judge Touhy will apply, but in addition, I am directing the defendant on his release from prison to attend the Nelson Probation Centre to be assessed and undertake drug and alcohol counselling at the earliest opportunity. All other post-release conditions will apply.

Cull J

Solicitors:

Crown solicitors, Nelson

PALU v NEW ZEALAND POLICE [2018] NZHC 697 [17 April 2018]