WILSON v NEW ZEALAND POLICE [2018] NZHC 1352
Failure to deduct pre-sentence remand detention when substituting imprisonment with home detention constituted an error of arithmetic warranting appellate intervention; accordingly the 10 months' home detention was quashed and substituted with 3 months' home detention to account for approximately six months remand...
Source-derived case information.
- Citation
- [2018] NZHC 1352
- Parties
- Appellant: Aaron Wilson; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 June 2018
- Procedural Posture
- Criminal Appeal Against Sentence / High Court on the Papers; Extension of Time for Filing Appeal Granted
- Outcome
- Appeal allowed; sentence quashed and substituted
- Legal Topics
- Remand Credit, Home Detention Substitution, Sentence Calculation, Extension of Time
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aaron Wilson
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal Against Sentence / High Court on the Papers; Extension of Time for Filing Appeal Granted
Legal Issues
- 1 Whether the District Court failed to deduct pre-sentence remand detention when substituting imprisonment with home detention
- 2 Whether an extension of time to file the appeal should be granted
Ratio Decidendi
Failure to deduct pre-sentence remand detention when substituting imprisonment with home detention constituted an error of arithmetic warranting appellate intervention; accordingly the 10 months' home detention was quashed and substituted with 3 months' home detention to account for approximately six months remand credit, commencement 10 October 2017.
Court Disposition
Appeal allowed; sentence quashed and substituted
Orders
- Extension of time to file appeal granted
- Quash sentence of 10 months' home detention
Full Case Text
Judgment text and source record
1 paragraphs
WILSON v NEW ZEALAND POLICE [2018] NZHC 1352 [8 June 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECRI-2018-404-123[2018] NZHC 1352BETWEEN AARON WILSONAppellantAND NEW ZEALAND POLICERespondentHearing: [On the papers]Counsel: D Niven for AppellantB Finn for RespondentJudgment: 8 June 2018JUDGMENT OF JAGOSE JThis judgment is delivered by me on 8 June 2018 at 2.00 pmpursuant to r 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors:David Niven, Barrister, AucklandMeredith Connell, Auckland[1] Mr Wilson appeals his sentence on the basis of a straightforward error ofarithmetic, the District Court Judge omitting to subtract for time spent in custody priorto sentence. The Crown accepts the error, and does not oppose the appeal.[2] Mr Wilson seeks an extension of time for the filing of this appeal, on groundsof his mental illness, lack of legal advice, and the interests of justice generally. Theextension is not opposed, and is granted in the circumstances.[3] Mr Wilson pleaded guilty to numerous charges for which he was sentenced to24 months' imprisonment on 5 July 2017. On 10 October 2017, that sentence wassubstituted to ten months' home detention, to be served from that date onwards.[4] In making this substitution, however, the Judge did not factor in the time MrWilson spent on remand before he was sentenced – from 14 January 2017 to hissentencing on 5 July 2017, a period of approximately six months.[5] It is not disputed this was an oversight. In making an order cancelling asentence of imprisonment and substituting home detention, the Court is required totake into account the portion of the original sentence that remains unserved.1 Pre-sentence detention – including detention on remand – is deemed as time served.2 Thefacts of this case are materially similar to Kopa v Police, where Ellis J allowed theappeal and substituted a reduced sentence, taking a "relatively robust approach to themaths".3[6] I am minded to do similarly.[7] I allow the appeal. I quash the sentence of 10 months' home detention, andsubstitute a sentence of 3 months' home detention, commencing 10 October 2017.—Jagose J1 Sentencing Act 2002, s 80K(6).2 Parole Act 2002, ss 90-91.3 Kopa v Police [2017] NZHC 1244 at [6]-[7].