ERICKSON v MINISTRY FOR PRIMARY INDUSTRIES [2017] NZCA 312
The Court granted the application for recall and reissued the judgment to include an order under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; the remainder of the...
Source-derived case information.
- Citation
- [2017] NZCA 312
- Parties
- Appellant: Noel Pirika Erickson; Respondent: Ministry for Primary Industries
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 20 July 2017
- Procedural Posture
- Criminal Appeal Against Sentence / Recall Application; Judgment Reissued
- Outcome
- Application for recall granted; judgment recalled and reissued to grant leave under s80I(2) to apply to the District Court for cancellation and substitution of sentence with home detention; judgment otherwise confirmed.
- Legal Topics
- Home Detention, Recall of Judgment, Leave to Apply to District Court, Commutation of Sentence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noel Pirika Erickson
Appellant
Ministry for Primary Industries
Respondent
Procedural Posture
Criminal Appeal Against Sentence / Recall Application; Judgment Reissued
Legal Issues
- 1 Whether this Court should recall its earlier judgment
- 2 Whether leave under s80I(2) of the Sentencing Act 2002 is required before the District Court can hear an application to commute imprisonment to home detention
- 3 Whether leave should be granted to the appellant to apply to the District Court for cancellation of the sentence of imprisonment and substitution of home detention
Ratio Decidendi
The Court granted the application for recall and reissued the judgment to include an order under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention; the remainder of the judgment was confirmed.
Court Disposition
Application for recall granted; judgment recalled and reissued to grant leave under s80I(2) to apply to the District Court for cancellation and substitution of sentence with home detention; judgment otherwise confirmed.
Orders
- Application for recall granted.
- An order is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.
Full Case Text
Judgment text and source record
1 paragraphs
ERICKSON v MINISTRY FOR PRIMARY INDUSTRIES [2017] NZCA 312 [20 July 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA584/2016[2017] NZCA 312BETWEEN NOEL PIRIKA ERICKSONAppellantAND MINISTRY FOR PRIMARYINDUSTRIESRespondentCourt: Kós P, Miller and Brown JJCounsel: T Sutcliffe for AppellantJ E L Carruthers for RespondentJudgment:(On the papers)20 July 2017 at 2.30 pmJUDGMENT OF THE COURTA The application for recall of this Court's judgment dated 29 June 2017([2017] NZCA 271) is granted.B The judgment is recalled and reissued to include the following order:An order is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.C The judgment is otherwise confirmed.____________________________________________________________________REASONS OF THE COURT(Given by Brown J)[1] In Erickson v Ministry for Primary Industries1 this Court allowed theappellant's appeal against sentence and substituted a sentence of 18 months'imprisonment. An application for recall seeking to have this Court address the question of home detention was declined for the reason that any application for commutation to home detention should be made in the District Court with appropriate supporting information.[2] In a joint memorandum, counsel now advise that the District Court does not have jurisdiction to hear an application for home detention unless leave of this Court is first granted.2 A further application for recall is made on that ground.[3] We are satisfied that recall is justified in these circumstances. The application for recall of this Court's judgment dated 29 June 2017 ([2017] NZCA271) is granted.[4] The judgment is recalled and reissued to include the following order: "Anorder is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment andsubstitution of a sentence of home detention."[5] The judgment is otherwise confirmed.Solicitors:Crown Law Office, Wellington for Respondent1 Erickson v Ministry for Primary Industries [2017] NZCA 271.2 Sentencing Act 2002, ss 80I and 80K.