R v H (CA436/02)

[2003] NZCA 432

IN THE COURT OF APPEAL OF NEW ZEALAND

CA436/02

THE QUEEN

v

H (CA436/02)

Coram:           Keith J Fisher J

Rodney Hansen J

Appearances: P L Borich for the Appellant

K Raftery for the Crown

Judgment:      2 July 2003

JUDGMENT (No. 2) OF THE COURT

[1]      In its judgment delivered on 23 June 2003 the Court allowed the appeal against sentence and substituted for the sentences of imprisonment for two years three months and two years concurrent sentences of imprisonment of 18 months, with leave to apply for home detention.

[2]      Section  93(2)  of  the  Sentencing  Act  2002  requires  the  Court,  when sentencing an offender to a term of imprisonment of more than 12 months but not more than 24 months, to impose the standard conditions described in s14(1) of the

Parole Act 2002.  This was not done.

R V H CA CA436/02 2 July 2003

[3]      Accordingly the judgment is recalled and the sentence imposed varied by the imposition of the standard terms for the period ending on the expiry date of the sentence.

Solicitors:

Crown Solicitor, Auckland

Rice Craig, Auckland