R v D

[2008] NZCA 267

IN THE COURT OF APPEAL OF NEW ZEALAND

CA253/2008
[2008] NZCA 267

THE QUEEN

v

WAYNE MCDONALD DUNCAN

Hearing:21 July 2008

Court:Baragwanath, Wild and Heath JJ

Counsel:S B Edwards and E Watt for Crown

K B Johnston for Respondent

Judgment:30 July 2008 at 5pm

JUDGMENT OF THE COURT

A        THE SOLICITOR-GENERAL’S APPLICATION FOR LEAVE TO APPEAL IS GRANTED.

BThe appeal is allowed and the sentence imposed in the District Court is quashed.

CMr Duncan is sentenced to:

(a)A term of community work of 250 hours; and

(b)A term of intensive supervision of two years on standard conditions and the following special conditions:

(i)Mr Duncan shall attend and complete any programme (as defined by s 54H of the Sentencing Act 2002) that a probation officer requires him to undertake;

(ii)Mr Duncan shall reside and work where directed by a probation officer.

____________________________________________________________________

[Reasons will follow]

Solicitors:

Crown Law Office, Wellington