Wynyard v The Queen

IN THE COURT OF APPEAL OF NEW ZEALAND

CA219/2015
[2016] NZCA 112

BETWEEN	GLENDA MARY WYNYARD Appellant
AND	THE QUEEN Respondent

Hearing:	8 April 2016
Court:	Randerson, Lang and Clifford JJ
Counsel:	M P Reed QC and R S Reed for Appellant D R La Hood for Respondent (by AVL)
Judgment:	8 April 2016 at 10:00 am

RESULTS JUDGMENT ON SENTENCE APPEAL

AThe appeal against sentence on counts 1, 11, 12 and 13 is allowed.
BThe sentences of home detention imposed in the District Court on those charges are quashed.
C A total fine of $10,000 is imposed on counts 1, 11, 12 and 13.
DThe fine must be paid to the District Court no later than 15 April 2016.
EBail is continued until payment of the fine is made in full on these terms:
(i)The appellant must surrender her passport to the Registrar of this Court by 2pm today.
(ii)The passport will be returned to the appellant upon the Registrar being satisfied by appropriate documentary evidence that the fine has been paid in full.
(iii)The appellant will then be released from bail and may return to Australia.

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[Reasons to follow]

Solicitors:
Heimsath Alexander, Auckland for Appellant
Crown Solicitor, Wellington for Respondent

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard an appeal by Glenda Mary Wynyard against her sentence, imposed by the District Court, on counts 1, 11, 12, and 13. Wynyard contested the sentences of home detention and sought a review of the overall penalty. The appeal was heard on 8 April 2016, with Randerson, Lang, and Clifford JJ presiding. Counsel for the appellant was M P Reed QC and R S Reed, and D R La Hood represented the respondent.

The legal issues the court was required to address were whether the sentences of home detention were appropriate, and if not, what alternative sentences should be imposed. The court had to weigh the nature of the offences, the circumstances of the offender, and the principles of sentencing. The appeal hinged on whether the District Court had erred in imposing home detention sentences and whether the sentences were proportionate and just.

In its judgment, the Court of Appeal determined that the sentences of home detention were inappropriate and did not adequately reflect the severity of the offences. The court noted the need for a sentence that would provide effective punishment and deterrence. Consequently, the sentences of home detention were quashed, and a total fine of $10,000 was imposed on the counts in question. The fine had to be paid by 15 April 2016 to the District Court. To ensure compliance, the appellant was required to surrender her passport to the Registrar of the Court until the fine was paid in full. The bail conditions were set to facilitate her return to Australia once the fine was settled.

The Court of Appeal's final orders included quashing the sentences of home detention, imposing a fine of $10,000, and setting bail conditions contingent on the payment of the fine. The appellant's passport was to be surrendered to the Registrar until the fine was paid, after which she would be released from bail and allowed to return to Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established