The Queen v Phillip John Smith

[2003] NZCA 151

IN THE COURT OF APPEAL OF NEW ZEALAND

CA114/02

THE QUEEN

v

PHILLIP JOHN SMITH

Hearing:17 July 2003

Coram:Tipping J
Hammond J
Paterson J

Appearances:  G J King and C J Milnes for Appellant

J M Jelaś for Crown

Judgment:17 July 2003 

JUDGMENT OF THE COURT DELIVERED BY TIPPING J

[1]       We have given careful consideration to Mr King’s submissions in this case.  We are, however, of the view that the minimum term order of thirteen years was within the Judge’s discretion.  Indeed we agree with it. 

[2]       As there are family members in Court today, we are announcing the result now, with reasons to follow later. 

[3]       The appeal against sentence is dismissed.  We note that the appeal against conviction was abandoned by Mr King on his client’s behalf.  It too is dismissed, pursuant to that abandonment.

Solicitors:
Crown Law Office, Wellington