Shoshonee PULLAN-WHAKARAU v New Zealand Police

[2024] NZHC 3101

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2024-443-000036

[2024] NZHC 3101

SHOSHONEE PULLAN-WHAKARAU

v

NEW ZEALAND POLICE

Hearing:

23 October 2024

Counsel:

N Bourke for Appellant

R L Hicklin for Respondent

Judgment:

23 October 2024

JUDGMENT OF GRAU J

[Results decision – appeal against sentence]

[1]                  At the conclusion of today’s hearing of Mr Pullan-Whakarau’s appeal against sentence, I reserved my decision and indicated I would try to release it today or tomorrow morning. I was overly optimistic about my ability to do so.

[2]                  In the circumstances, where I have now had more time to consider the well- made arguments by both counsel at the hearing, and I have reached the view that the appeal should be allowed, I have decided to issue a brief results decision now, with reasons to follow.

[3]                  I have concluded that the starting point was in an available range, but the reductions for personal factors were insufficient, leading to a sentence that was manifestly excessive. An end sentence was available that allowed for consideration of alternatives to imprisonment. Notwithstanding the seriousness of the offending,

PULLAN-WHAKARAU v NEW ZEALAND POLICE [2024] NZHC 3101 [23 October 2024]

Mr Pullan-Whakarau’s personal factors meant a sentence of home detention was the least restrictive outcome that was appropriate in the circumstances.

[4]Accordingly:

(a)the appeal is allowed;

(b)the sentence of two years and two months’ imprisonment is set aside;

(c)a sentence of eight and a half months’ home detention on the terms set out in the PAC report of 19 August 2024 is imposed instead; and

(d)the proposed special condition of  home  detention  is  to  apply  for 12 months post detention.

Grau J

Solicitors:
Crown Solicitor, New Plymouth