Sherwood v Police

[2017] NZHC 1006

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2016-419-72 [2017] NZHC 1006

BETWEEN

KAREN ANNE SHERWOOD

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing:	16 May 2017
Appearances:	S McKenna for the Appellant J E Tarrant for the Respondent
Judgment:	16 May 2017

ORAL JUDGMENT OF GORDON J

Solicitors:           Crown Solicitor, Hamilton

Grantham Law, Hamilton

SHERWOOD v POLICE [2017] NZHC 1006 [16 May 2017]

[1]      I allow the appeal against conviction and under s 233 I set the conviction aside.

[2]      I exercise the Court’s powers under s 234 being satisfied under that section that conviction and sentence for a different offence may be substituted and that offence is that on 4 February 2016 knowingly permitted the premises at 2 Tammadge Street, Te Kuiti to be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975, namely cultivation of cannabis.  I enter a conviction against Ms Sherwood on that charge.

[3]      In relation to sentence I have considered the submissions of both counsel for the appellant and counsel for the Crown.  The only two available options appear to be  conviction  and  discharge  or  40  hours  community work,  40  hours  being  the minimum able to be imposed.  However, having regard to the fact that that was the sentence imposed on the charge of cultivating, which carries a maximum of seven years imprisonment, I do not consider it would be an appropriate sentence in relation to  this  charge  which  carries  a  maximum  of  three  years.    Therefore,  in  all  the

circumstances I convict and discharge Ms Sherwood.

Gordon J