STEPHENS v R [2023] NZCA 73
The Court concluded the home detention sentences were inappropriate for the offending and substituted a six month supervision sentence with specified residence and treatment conditions as the appropriate and proportionate disposition.
Source-derived case information.
- Citation
- [2023] NZCA 73
- Parties
- Appellant: Kathy Yu-Jen Stephens; Respondent: The King
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 March 2023
- Procedural Posture
- Criminal Appeal / Court of Appeal Decision
- Outcome
- Appeal allowed; original home detention sentences quashed in part and substituted
- Legal Topics
- Home Detention, Supervision, Receiving Stolen Property, Possession of Utensils
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kathy Yu-Jen Stephens
Appellant
The King
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the imposition of home detention sentences was appropriate
- 2 Whether the Court of Appeal should quash home detention and substitute supervision with conditions
- 3 Appropriate sentencing alternatives and conditions of supervision
Ratio Decidendi
The Court concluded the home detention sentences were inappropriate for the offending and substituted a six month supervision sentence with specified residence and treatment conditions as the appropriate and proportionate disposition.
Court Disposition
Appeal allowed; original home detention sentences quashed in part and substituted
Orders
- Appeal allowed.
- Quash the sentences of seven months' home detention on the offence of receiving and two months' home detention on the offence of possession of utensils.
Full Case Text
Judgment text and source record
1 paragraphs
STEPHENS v R [2023] NZCA 73 [21 March 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA723/2022[2023] NZCA 73BETWEEN KATHY YU-JEN STEPHENSAppellantAND THE KINGRespondentHearing: 20 March 2023Court: Brown, Lang and Palmer JJCounsel: J W Wall for AppellantA M McClintock and V E Squires for RespondentJudgment: 21 March 2023 at 10.30 amJUDGMENT OF THE COURTA The appeal is allowed.B The sentences of seven months' home detention on the offence of receivingand two months' home detention on the offence of possession of utensils arequashed. There is substituted a sentence of six months' supervision with thefollowing special conditions:• to reside at an address approved by a probation officer and not moveto any new residential address without the prior written approval of aprobation officer; and• to undertake and complete appropriate assessment, treatment orcounselling as directed by and to the satisfaction of a probation officer.____________________________________________________________________[Reasons to follow]Solicitors:Crown Solicitor, Auckland for Respondent