HOUKAMAU v NEW ZEALAND POLICE [2019] NZHC 2624
The Court concluded the home detention sentence was inappropriate and allowed the appeal, quashing the home detention and imposing 250 hours of community work and 12 months' supervision with the supervision conditions set out in the pre‑sentence report.
Source-derived case information.
- Citation
- [2019] NZHC 2624
- Parties
- Appellant: David Marsden Houkamau; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 October 2019
- Procedural Posture
- Sentencing Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; original sentence quashed and substituted.
- Legal Topics
- Home Detention, Community Work, Supervision, Appeal Against Sentence
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Marsden Houkamau
Appellant
New Zealand Police
Respondent
Procedural Posture
Sentencing Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the home detention sentence was appropriate
- 2 Whether the sentence should be quashed and substituted with community work and supervision
- 3 Appropriate conditions of supervision as set out in the pre‑sentence report
Ratio Decidendi
The Court concluded the home detention sentence was inappropriate and allowed the appeal, quashing the home detention and imposing 250 hours of community work and 12 months' supervision with the supervision conditions set out in the pre‑sentence report.
Court Disposition
Appeal allowed; original sentence quashed and substituted.
Orders
- Quash sentence of home detention.
- Impose sentence of 250 hours community work.
Full Case Text
Judgment text and source record
1 paragraphs
HOUKAMAU v NEW ZEALAND POLICE [2019] NZHC 2624 [15 October 2019]IN THE HIGH COURT OF NEW ZEALANDGISBORNE REGISTRYI TE KŌTI MATUA O AOTEAROATŪRANGANUI-A-KIWA ROHECRI-2019-416-15[2019] NZHC 2624BETWEEN DAVID MARSDEN HOUKAMAUAppellantAND NEW ZEALAND POLICERespondentHearing: 15 October 2019Counsel: V L Thorpe for AppellantL M Marshall for RespondentJudgment: 15 October 2019ORAL JUDGMENT OF THOMAS J[1] I will issue a results judgment. The sentence of home detention is quashed.The appeal is allowed and a sentence of 250 hours of community work and 12 months'supervision is imposed. The conditions of supervision are those set out in thepre-sentence report.[2] I will issue a reasons judgment in due course.Thomas JSolicitors:Crown Solicitor's Office, Gisborne