Tutakangahau v The Queen

[2014] NZCA 208

IN THE COURT OF APPEAL OF NEW ZEALAND

CA168/2014
[2014] NZCA 208

BETWEEN	THOMAS TENI TUTAKANGAHAU Appellant
AND	THE QUEEN Respondent

Hearing:	27 May 2014
Court:	Ellen France, French and Miller JJ
Counsel:	T Epati for Appellant M J Lillico for Respondent
Judgment:	29 May 2014 at 10 am

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe appeal against sentence is allowed.  The sentence of 11 months imprisonment is quashed and a sentence of six months imprisonment is substituted.

CA post-release special condition that the appellant attend and complete such counselling or treatment programmes as may be directed by his Probation Officer is imposed together with the standard conditions under s 14(1) of the Parole Act 2002.  These conditions expire six months after the sentence expiry date.

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[Reasons to follow]

Solicitors:
Rishworth, Wall & Mathieson, Gisborne for Appellant
Crown Law Office, Wellington for Respondent