Rawlings v The the Queen

[2022] NZHC 914

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-409-3

CRI-2022-409-4 [2022] NZHC 914

BETWEEN

JOSHUA ADAM RAWLINGS

Appellant

AND

THE QUEEN

Respondent

Hearing:

28 April 2022

Appearances:

K White for Appellant

G Alloway for Respondent

Judgment:

3 May 2022

(SUPPLEMENTARY) JUDGMENT OF OSBORNE J

RAWLINGS v R [2022] NZHC 914 [3 May 2022]

[1]        By my judgment dated 28 April 2022 I allowed Mr Rawlings’ appeal against sentence and imposed a number of other sentences.1

[2]        The end sentence on the lead offence was ordered to be (in lieu of that previously imposed) 22 months’ imprisonment.2

[3]        That end sentence took into account, amongst other matters, an uplift of two months to represent cancelled fines, in contrast to the three months imposed in the District Court.3

[4]        It has been brought to my attention that the orders made (at [62] of the appeal judgment) do not expressly state an outcome in relation to the cancelled fines.

[5]        For the avoidance of doubt, I confirm that in the way the end sentences were imposed on appeal in lieu of the District Court sentences, the end sentence of 22 months on the lead charge took into account an uplift of two months to represent cancelled fines.

[6]Therefore there are the additional orders as follows.

Additional orders

[7]I order:

(a)the remission of fines directed by the District Court stands; and

(b)the sentence of three months’ imprisonment (to represent remitted fines) is quashed.

Osborne J

Solicitors:

Public Defence Service, Christchurch Crown Solicitor, Christchurch

1      R v Rawlings [2022] NZHC 879.

2      At [62(c)(i)].

3      At [60]–[61].