Rewiti-Fa'Aso'O v Police HC Palmerston North CRI-2011-454-26

[2011] NZHC 2038

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2011-454-26

JOSHUA REWETI-FA'ASO'O

v

NEW ZEALAND POLICE

Counsel:         T C Thackery for Appellant

D Davies for Crown

Judgment:      12 December 2011

JUDGMENT OF WILLIAMS J

In accordance with r 11.5, I direct the Registrar to endorse this judgment with the delivery time of 2:30pm on the 12th December 2011.

JOSHUA REWETI-FA'ASO'O V NEW ZEALAND POLICE HC PMN CRI-2011-454-26 12 December 2011

[1]      By judgment dated 7 December 2011, I allowed Mr Fa’aso’o’s appeal against

sentence  and  substituted  a  sentence  of  14  months’ imprisonment  together  with

40 weeks supervision.   The sentence of supervision was intended to ensure that Mr Fa’aso’o attends and completes a carpentry course, to promote his rehabilitation and reintegration and to reduce his risk of reoffending.

[2]      By memorandum dated 9 December 2011, counsel for Mr Fa’aso’o alerted me to my contravention of s 19 of the Sentencing Act 2002, in that sentences of imprisonment and supervision are not a permitted combination.

[3]      I accept that contravention and that, in accordance with my earlier reasoning, the proper course was to impose a special release condition on Mr Fa’aso’o under s 93 of the Act. Accordingly, I recall [9] of my judgment and substitute:

[9]      The sentence imposed on the two counts of burglary is quashed and replaced by a sentence of 14 months’ imprisonment.  In addition, the appellant is required, as a special condition of his release, to enrol, engage in and complete a Level 4 Certified Carpentry course at the Universal College of Learning at Palmerston North.   This condition expires on 31 December 2012.

[4]      Paragraphs [7] and [11] are also amended accordingly.

Williams J