CARTER v R [2016] NZCA 535

CARTER v R [2016] NZCA 535

An extension of time to appeal was justified; the conviction was not shown to be unsafe and the appeal against conviction was dismissed; the sentence was held to be excessive and, with the Crown's support, the Court substituted concurrent sentences of three years' imprisonment for the original concurrent sentences...

Source-derived case information.

Citation
[2016] NZCA 535
Parties
Appellant: John Andrew Carter; Respondent: The Queen
Court
Court of Appeal
Jurisdiction
New Zealand
Judgment Date
9 November 2016
Procedural Posture
Criminal Appeal / Court of Appeal Judgment (final)
Outcome
Extension of time granted; appeal against conviction dismissed; appeal against sentence allowed; original concurrent sentences quashed and substituted with concurrent sentences of three years' imprisonment.
Legal Topics
Extension of Time to Appeal, Appeal Against Conviction, Appeal Against Sentence, Sentence Substitution
Criminal Law Sentencing Appeal Procedure Extension of Time to Appeal Appeal Against Conviction Appeal Against Sentence Sentence Substitution

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Parties

John Andrew Carter

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment (final)

Legal Issues

  1. 1 Whether an extension of time to file the appeal should be granted
  2. 2 Whether the conviction is unsafe and should be overturned
  3. 3 Whether the sentence is manifestly excessive and an alternative sentence should be substituted

Ratio Decidendi

An extension of time to appeal was justified; the conviction was not shown to be unsafe and the appeal against conviction was dismissed; the sentence was held to be excessive and, with the Crown's support, the Court substituted concurrent sentences of three years' imprisonment for the original concurrent sentences of three years and three months.

Court Disposition

Extension of time granted; appeal against conviction dismissed; appeal against sentence allowed; original concurrent sentences quashed and substituted with concurrent sentences of three years' imprisonment.

Orders

  • A An extension of time to appeal is granted.
  • B The appeal against conviction is dismissed.