R v DE REEPER [2021] NZHC 1628

R v DE REEPER [2021] NZHC 1628

The Court exercised its power under s180 of the Criminal Procedure Act 2011 to amend the sentencing record to correct the failure to account for statutory maximums for the dangerous riding charge: the manslaughter sentence of nine months' home detention and the driver disqualifications were clarified and amended as recorded.

Citation
[2021] NZHC 1628
Parties
Prosecution: The Queen; Defendant: Jacques John De Reeper
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 July 2021
Procedural Posture
Criminal / Sentencing (correction of Sentence Under S180 Criminal Procedure Act 2011)
Outcome
Sentence amended pursuant to s180 Criminal Procedure Act 2011
Legal Topics
Manslaughter, Dangerous Riding of a Motorcycle, Home Detention, Driver Disqualification, Correction of Sentence Under S180 Criminal Procedure Act 2011
Criminal Law Criminal Procedure Sentencing Manslaughter Dangerous Riding of a Motorcycle Home Detention Driver Disqualification Correction of Sentence Under S180 Criminal Procedure Act 2011

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Parties

The Queen

Prosecution

Jacques John De Reeper

Defendant

Procedural Posture

Criminal / Sentencing (correction of Sentence Under S180 Criminal Procedure Act 2011)

Legal Issues

  1. 1 Whether the court can correct a sentencing error on its own motion under s180 Criminal Procedure Act 2011
  2. 2 Whether the original sentencing remarks failed to account for statutory maximum penalties for the dangerous riding offence
  3. 3 What amended orders are required to correct the record and sentence

Ratio Decidendi

The Court exercised its power under s180 of the Criminal Procedure Act 2011 to amend the sentencing record to correct the failure to account for statutory maximums for the dangerous riding charge: the manslaughter sentence of nine months' home detention and the driver disqualifications were clarified and amended as recorded.

Court Disposition

Sentence amended pursuant to s180 Criminal Procedure Act 2011

Orders

  • On manslaughter: home detention for nine months to be served on the terms set out in sentencing remarks of 3 June 2021.
  • On manslaughter: disqualification from holding or obtaining a driver\u2019s licence for two years from 3 June 2021.