Whichman v Police

[2012] NZHC 3295

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2011-404-424 [2012] NZHC 3295

GEORGE WHICHMAN

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         (on the papers)

Counsel:         P Eastwood for the Appellant

W Fotherby for the Respondent

Judgment:      6 December 2012

JUDGMENT (NO. 2) OF WOODHOUSE J

Solicitors / Counsel:

Mr P Eastwood, Barrister, Auckland

Mr W Fotherby, Meredith Connell, Office of the Crown Solicitor, Auckland

WHICHMAN V POLICE HC AK CRI-2011-404-424 [6 December 2012]

[1]      My judgment on appeal was delivered on 15 October 2012.  It has just been brought to my attention in a memorandum from Mr Eastwood, for the appellant, that the sentence for one offence subject to the appeal was not adjusted in accordance with the decision on appeal. This further judgment is delivered to deal with this.

[2]      The offence in question is an offence of unlawfully taking a vehicle recorded under CRN 10029000965.   It is clear from the original judgment that all offences resulting in a District Court sentence in excess of 2 years 6 months were required to be reduced.   This offence had an end sentence in the District Court of 2 years 9 months.   For the respondent, Mr Fotherby acknowledges that an appropriate adjustment is required.

[3]      The formal decision in respect of CRN 10029000965 for unlawfully taking a motor vehicle is:

The sentence of 2 years 9 months is quashed and replaced with a sentence of imprisonment for 1 year.

Woodhouse J