Reihana v The Queen

[2016] NZHC 2892

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2016-404-308 [2016] NZHC 2892

BETWEEN

HONE REIHANA

Appellant

AND

THE QUEEN Respondent

Hearing:	(on the papers)
Counsel:	M English for Appellant H Clark for Respondent
Judgment:	2 December 2016

JUDGMENT (NO. 2) OF HEATH J

This judgment was delivered by me on 2 December 2016 at 2.00pm pursuant to

Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Public Defence Service, Auckland

Crown Solicitor, Auckland

REIHANA v THE QUEEN [2016] NZHC 2892 [2 December 2016]

against sentences imposed by the District Court at Waitakere.  It was necessary to vary a number of sentences in order to reflect the effective term of one year and 10 months’ imprisonment that I substituted on appeal.

[2]      One of the charges was described as criminal nuisance.  I imposed a sentence of one year and two months’ imprisonment on that charge to run concurrently with the same sentence imposed on a charge of driving while disqualified on a third or subsequent occasion.

[3]      After I delivered judgment, counsel drew to my attention the fact that an error had been made at some stage in the District Court records.   The charge is recorded as being one of endangering transport.   Counsel have proceeded on the basis that the endangering transport charge was amended to criminal nuisance on 27

July 2016,  but  the  Permanent  Court  Record  kept  under  s  184  of  the  Criminal

Procedure Act 2011 does not reflect that.

[4]      Counsel are agreed that I should exercise my jurisdiction under r 7.1(7) of the Criminal Procedure Rules 2012 to correct the entry in the Permanent Court Record. That involves both a change to the charge and an amendment of the sentence, as the sentence imposed exceeds the maximum available.

[5]      I direct the Registrar to correct the entry in the Permanent Court Record by amending the charge of endangering transport to one of criminal nuisance.   I set aside the sentence imposed in respect of that charge in my judgment of 27 October

2016, and substitute a sentence of nine months’ imprisonment.  That term will run concurrently with the sentence of one year and two months’ imprisonment on the

driving while disqualified charge.2

1      Reihana v R [2016] NZHC 2557.

2      Ibid, at para [34](a).

P R Heath J