Wang v Police HC Auckland CRI-2004-404-476

[2005] NZHC 1744

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2004-404-476

ZHENG WANG

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         21 March 2005

Counsel:         D L O’Connor for Appellant

J L S Shaw for Respondent Judgment: 12 May 2005

FINAL JUDGMENT OF BARAGWANATH J

Solicitors:

Crown Solicitor, Auckland

Counsel:
Mr D L O’Connor, Auckland

WANG V POLICE HC AK CRI-2004-404-476 [12 May 2005]

[1]    I delivered interim judgment on 23 March 2005. The Department of Corrections has advised that the appellant has spent a total of 13 days in custodial remand.

[2]    Counsel agree that the term that should be imposed to give effect to the interim judgment, being such term as will now permit him to remain at liberty, should be 26 days of which he has served one-half (see Parole Act 2002 ss 4 defining “short term sentence 86(1) providing that the release date for a short-term sentence is the date on which the offender has served half of his sentence imposed and 90 (1) calculating time spent on custodial remand as time served).

[3]    The sentence of 15 months for the escaping charge is set aside and a 26 day term imposed in substitution.

W D Baragwanath J