Stephens v The King

[2023] NZCA 73

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA723/2022
 [2023] NZCA 73

BETWEEN	KATHY YU-JEN STEPHENS Appellant
AND	THE KING Respondent

Hearing:	20 March 2023
Court:	Brown, Lang and Palmer JJ
Counsel:	J W Wall for Appellant A M McClintock and V E Squires for Respondent
Judgment:	21 March 2023 at 10.30 am

JUDGMENT OF THE COURT

AThe appeal is allowed.

BThe sentences of seven months’ home detention on the offence of receiving and two months’ home detention on the offence of possession of utensils are quashed.  There is substituted a sentence of six months’ supervision with the following special conditions:

(i)to reside at an address approved by a probation officer and not move to any new residential address without the prior written approval of a probation officer; and

(ii)to undertake and complete appropriate assessment, treatment or counselling as directed by and to the satisfaction of a probation officer.

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[Reasons to follow]

Solicitors:
Crown Solicitor, Auckland for Respondent