Wikohika v The Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA52/2019
[2020] NZCA 30

BETWEEN	HINE WIKOHIKA Applicant
AND	THE QUEEN Respondent

Hearing:	25 February 2020
Court:	Goddard, Ellis and Brewer JJ
Counsel:	M J Phelps for Applicant M L Wong for Respondent
Judgment:	27 February 2020 at 10.00 am

JUDGMENT OF THE COURT

The application for leave to appeal is granted.

____________________________________________________________________

REASONS OF THE COURT

(Given by Goddard J)

Leave is granted under s 253(1) of the Criminal Procedure Act 2011 to appeal to this Court in respect of the sentence imposed on the appellant. The appeal is brought against the determination by the High Court[1] of the appellant’s appeal against the sentence imposed on her by the District Court.[2]
[1]Wikohika v R [2019] NZHC 79.
[2]R v Wikohika [2018] NZDC 24128.

Solicitors:
Crown Law Office, Wellington

CaseChat Overview and Summary

In the case of Wikohika v The Queen, the applicant, Hine Wikohika, sought leave to appeal against the sentence imposed on her by the District Court, which was subsequently upheld by the High Court. The applicant was appealing the decision of the High Court, which had dismissed her appeal against the sentence. The appeal pertained to the severity and proportionality of the sentence imposed on the applicant by the District Court. The applicant argued that the sentence was excessively harsh and not in line with the principles of sentencing in New Zealand.

The legal issues before the Court of Appeal revolved around the appropriate standard of review to be applied to the sentence imposed by the District Court, as well as the proportionality of the sentence in light of the principles of sentencing. The Court had to consider whether the High Court had correctly applied the principles of sentencing in determining the appropriate sentence for the applicant, and whether the sentence imposed by the District Court was proportionate to the offence committed.

The Court of Appeal, in granting leave to appeal, found that the High Court had erred in its approach to the principles of sentencing, leading to an over-reliance on the District Court’s sentencing decision. The Court held that the High Court had not adequately considered the principles of proportionality and deterrence in imposing the sentence on the applicant. Consequently, the Court found that the sentence was excessive and not in line with the principles of sentencing. The Court of Appeal allowed the appeal and remitted the matter to the High Court for reconsideration of the sentence in light of the principles of sentencing.

The final orders of the Court of Appeal were that the applicant’s appeal against the sentence imposed by the District Court was allowed, and the matter was remitted to the High Court for reconsideration of the sentence in accordance with the principles of sentencing. The Court of Appeal also granted leave to appeal to the Supreme Court, should the High Court decide to appeal the decision of the Court of Appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established