W v Police HC Auckland CRI-2006-404-412

[2007] NZHC 306

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2006-404-412

W

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         16 April 2007

Appearances: No appearance for Appellant

Ms C Parkhill for Respondent

Judgment:      16 April 2007

(ORAL) JUDGMENT OF LANG J [on appeal against sentence]

Solicitors:

Crown Solicitor, Auckland

Copy to:
Mr W  , 35 Selbourne Street, Grey Lynn, Auckland

W V NZ POLICE HC AK CRI-2006-404-412  16 April 2007

[1]      This is an appeal against sentence.    The only aspect of the judgment of the

District Court that is under review is the amount of reparation that was ordered.

[2]      In preparing for the appeal counsel for the respondent has located a quotation on the police file that provides an accurate indication of the amount that will be required  to  repair  the  damage  in respect  of which reparation has  been  ordered. When the matter was before the District Court the order for reparation was made on the basis of an estimate only.

[3]      Counsel for the respondent confirms that the amount required to repair the damage is $2,107 plus GST.   This equates to a sum of $2,370.38 inclusive of GST. Counsel for the respondent accepts that the appeal should be allowed so as to reflect the information that is now known.

[4]      On that basis the appeal is allowed.   The order for reparation that was made in the District Court is quashed.    In its place I make an order for reparation in the sum of $2,370.38.

Lang J