KANUTA v R [2019] NZCA 85
The Court found no error or unsafe verdict and upheld the conviction; it concluded the District Court's 10 month imprisonment was excessive in the circumstances and substituted 14 days' home detention with a 12 month post-detention rehabilitative assessment condition as the sentence that properly reflects sentencing...
Source-derived case information.
- Citation
- [2019] NZCA 85
- Parties
- Appellant: Grant Makuare Kanuta; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 2 April 2019
- Procedural Posture
- Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
- Outcome
- Conviction upheld; sentence quashed and substituted with home detention and rehabilitative condition; bail continued on existing conditions until commencement of home detention
- Legal Topics
- Appeal Against Conviction, Appeal Against Sentence, Home Detention, Probation Conditions, Publication Restrictions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grant Makuare Kanuta
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Legal Issues
- 1 Whether the conviction was unsafe or erroneous
- 2 Whether the District Court sentence of 10 months' imprisonment was manifestly excessive and whether home detention was more appropriate
- 3 Whether a post-detention rehabilitative and reintegration assessment was an appropriate condition
Ratio Decidendi
The Court found no error or unsafe verdict and upheld the conviction; it concluded the District Court's 10 month imprisonment was excessive in the circumstances and substituted 14 days' home detention with a 12 month post-detention rehabilitative assessment condition as the sentence that properly reflects sentencing principles.
Court Disposition
Conviction upheld; sentence quashed and substituted with home detention and rehabilitative condition; bail continued on existing conditions until commencement of home detention
Orders
- Appeal against conviction dismissed
- Appeal against sentence allowed
Full Case Text
Judgment text and source record
1 paragraphs
KANUTA v R [2019] NZCA 85 [2 April 2019]NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203OF THE CRIMINAL PROCEDURE ACT 2011.NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF ANY COMPLAINANT/ PERSON UNDERTHE AGE OF 18 YEARS WHO APPEARED AS A WITNESS OR NAMEDWITNESS UNDER 18 YEARS OF AGE PROHIBITED BY S 204 OF THECRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA652/2018[2019] NZCA 85BETWEEN GRANT MAKUARE KANUTAAppellantAND THE QUEENRespondentHearing: 1 April 2019Court: Williams, Collins and Toogood JJCounsel: A M Simperingham and M A Terekia for AppellantJ A Eng and A D H Colley for RespondentJudgment: 2 April 2019 at 3.00 pmJUDGMENT OF THE COURTA The appeal against conviction is dismissed.B The appeal against sentence is allowed.C The sentence of 10 months' imprisonment imposed in the District Court isquashed and substituted with a sentence of 14 days' home detention tocommence 8 April 2019.D Mr Kanuta must take part in a rehabilitative and reintegrated needsassessment if and when directed to do so by a probation officer. This post-detention condition will remain in force for 12 months from 22 April 2019.E Bail is to continue on the existing conditions until 8 April 2019.____________________________________________________________________[Reasons to follow.][1] The appeal against conviction is dismissed.[2] The appeal against sentence is allowed.[3] The sentence of 10 months' imprisonment imposed in the District Court isquashed and substituted with a sentence of 14 days' home detention to commence8 April 2019.[4] We direct that Mr Kanuta must take part in a rehabilitative and reintegratedneeds assessment if and when directed to do so by a probation officer. Thispost-detention condition will remain in force for 12 months from 22 April 2019.[5] Bail is to continue on the existing conditions until 8 April 2019.Solicitors:Woodward Chrisp, Gisborne for AppellantCrown Law Office, Wellington for Respondent