R v Innira Varjan

[2003] NZCA 131

IN THE COURT OF APPEAL OF NEW ZEALAND

CA97/03

THE QUEEN

v

INNIRA VARJAN

Coram:Gault P

Fisher J

O’Regan J

Counsel:C L Harder for Appellant

K Raftery for Crown

Judgment:1 July 2003 

JUDGMENT (No 2) OF THE COURT DELIVERED BY GAULT P

[1]       In the judgment delivered on 26 June 2003 the Court allowed the appeal and substituted for the sentence of imprisonment for two years and eight months the sentence of imprisonment for two years 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.

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

Solicitors:
Crown Solicitor, Auckland