R v Manawatu CA111/05

The appellant, Christopher John Manawatu, appealed against sentences imposed on him by the High Court for aggravated robbery, driving while disqualified, manslaughter, reckless driving causing injury, and excess blood alcohol. The Court of Appeal dismissed the appeal. The appellant did not challenge the appropriateness of the sentences but raised two grounds of appeal: the application of section 398 of the Crimes Act 1961 and undue appellate delay. The Court found that a declaration of inconsistency regarding section 398 was unnecessary as the provision was in the process of being repealed. The Court also held that a reduction in sentence was not the appropriate remedy for undue appellate delay, as there was no evidence of actual prejudice to the appellant. The Court preferred to reserve its position on the issue of undue appellate delay for a case where the decision affects the actual outcome of the appeal.