The Queen v S (CA538/99)

[2000] NZCA 274

IN THE COURT OF APPEAL OF NEW ZEALAND CA538/99

THE QUEEN

V

S (CA538/99)

Hearing:	28 March 2000
Coram:	Elias CJ Gault J Fisher J
Appearances:	J C Moses for Appellant C B Cato for Crown
Judgment:	17 April 2000

JUDGMENT OF THE COURT (NO 2) DELIVERED BY GAULT J

1. Following delivery of the judgment in this matter on 28 March 2000, it was realised that the Court had omitted to comply with the requirement in s21D Criminal Justice Act by considering whether to grant to the offender leave to apply for release to home detention.

2. Counsel were invited to make submissions and memoranda have been received.  Both counsel agree that it is an appropriate case for leave to apply and we agree.  We take that view in light of the age of the appellant at the time of the offending, the period that has elapsed since the offending during which the appellant has not offended further and the support and forgiveness of the victims and his family as mentioned in the earlier judgment and confirmed in the memorandum from Crown Counsel.

3. Accordingly, the judgment of 28 March is recalled and is amended by the addition thereto of the grant of leave under s21D.

Solicitors

Crown Solicitor, Auckland