Whaanga v The King

[2024] NZCA 14

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA586/2023
 [2024] NZCA 14

BETWEEN	HARRY HIRIWI WHAANGA Appellant
AND	THE KING Respondent

Hearing:	12 February 2024
Court:	Collins, Woolford and Mander JJ
Counsel:	T Epati for Appellant M J M Mitchell for Respondent
Judgment:	13 February 2024 at 10.30 am

JUDGMENT OF THE COURT

AThe appeal against sentence is allowed.

BThe sentence of 26 months’ imprisonment is quashed and substituted with a sentence of 22 months’ imprisonment.

CWe direct that a pre-sentence report as to the suitability of the proposed residence for home detention is prepared.

DLeave is granted to Mr Whaanga to apply to this Court under s 80K of the Sentencing Act 2002 to substitute the sentence of 22 months’ imprisonment with one of six months’ home detention.

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[Reasons to follow]

Solicitors:
Elvidge & Partners, Napier for Appellant
Crown Law Office | Te Tari Ture o te Karauna, Wellington for Respondent