R v Wai-Poi

[2018] NZHC 964

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-090-1504 [2018] NZHC 964

THE QUEEN

v

ANDREW GRAHAM WAI-POI

Hearing:	4 May 2018
Appearances:	S L McColgan for the Crown J G Krebs for Mr A G Wai-Poi
Judgment:	4 May 2018

ADDENDUM TO SENTENCING NOTES OF POWELL J

Solicitors:

Crown solicitor, Auckland Counsel:

J Krebs, Shakespeare Chambers, Napier

R v WAI-POI [2018] NZHC 964 [4 May 2018]

[1]    Following the sentencing of Mr Wai-Poi this morning it was brought to my attention by the Registry that the sentence imposed, nine months of community detention, in fact exceeded the permissible period for community detention set out in s 69B(2) the Sentencing Act 2002. As the sentence imposed could not by law be applied to Mr Wai-Poi pursuant to s 180(1) of the Criminal Procedure Act 2011, I have recalled Mr Wai-Poi and counsel to explain the situation, and following the discussion this afternoon have formally recalled the sentence imposed on Mr Wai-Poi and instead substituted a new sentence of six months community detention, together with nine months intensive supervision.

[2]    The intensive supervision component of the sentence is imposed in the knowledge that Mr Wai-Poi is currently serving a sentence of intensive supervision. The intention is when his current sentence of intensive supervision comes to an end intensive supervision will continue to run until the expiry of nine months from today’s date.

[3]    In my view, given the reasons set out in my sentencing notes with regard to the appropriateness of community detention as the primary sentence for Mr Wai-poi, it seems to me that any other sentence other than the new sentence that I have now imposed would be manifestly excessive, and defeat the purposes of rehabilitation that were identified so strongly this morning.

Powell J