TAIKATO V THE DISTRICT COURT AT TAURANGA HC TAU CIV 2012-470-000109

TAIKATO V THE DISTRICT COURT AT TAURANGA HC TAU CIV 2012-470-000109

The judge lawfully exercised his discretion in refusing to order home detention annexures; that refusal was not manifestly unreasonable, did not pre-determine or fetter the sentencing judge's duty to consider alternatives under the Sentencing Act, and judicial review is not an appropriate remedy where an appeal after sentence is available; application dismissed.

Citation
openlaw-f5a86371_9d83_47da_83f8_658b2ee3b1b1.pdf
Parties
First Applicant: Easton Taikato; Second Applicant: Tewi Eruera Stanley; Third Applicant: William Tenata Hemi Te Miha; First Respondent: The District Court at Tauranga; Second Respondent: The Attorney-General
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 March 2012
Procedural Posture
Judicial Review of District Court Directions Regarding Pre Sentence Reports / Pre Sentence; Interlocutory Application Following Guilty Pleas and Remand for Sentence
Outcome
Application for judicial review dismissed
Legal Topics
Pre Sentence Reports, Home Detention Annexures, Fettering Sentencing Discretion, Justiciability and Remedies
Criminal Law Sentencing Judicial Review Administrative Law Pre Sentence Reports Home Detention Annexures Fettering Sentencing Discretion Justiciability and Remedies

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Parties

Easton Taikato

First Applicant

Tewi Eruera Stanley

Second Applicant

William Tenata Hemi Te Miha

Third Applicant

The District Court at Tauranga

First Respondent

The Attorney-General

Second Respondent

Procedural Posture

Judicial Review of District Court Directions Regarding Pre Sentence Reports / Pre Sentence; Interlocutory Application Following Guilty Pleas and Remand for Sentence

Legal Issues

  1. 1 Whether the District Court judge erred in declining to order home detention annexures
  2. 2 Whether declining to order annexures fettered the sentencing judge's discretion or pre-determined sentence
  3. 3 Whether s8 and s26(4) of the Sentencing Act required annexures to be prepared

Ratio Decidendi

The judge lawfully exercised his discretion in refusing to order home detention annexures; that refusal was not manifestly unreasonable, did not pre-determine or fetter the sentencing judge's duty to consider alternatives under the Sentencing Act, and judicial review is not an appropriate remedy where an appeal after sentence is available; application dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • No order for costs