PALU v NEW ZEALAND POLICE [2018] NZHC 697
The High Court concluded the six month sentence was excessive and substituted a four month custodial sentence while retaining the original post-release conditions and adding a direction that the offender, on release, attend the Nelson Probation Centre for assessment and drug and alcohol counselling.
Source-derived case information.
- Citation
- [2018] NZHC 697
- Parties
- Appellant: Paea I Vahafolau Palu; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 April 2018
- Procedural Posture
- Criminal Appeal Against Sentence / Judgment on Appeal at High Court
- Outcome
- Appeal allowed in part; original sentence quashed and substituted
- Legal Topics
- Sentence Reduction, Post Release Conditions, Drug and Alcohol Counselling
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paea I Vahafolau Palu
Appellant
New Zealand Police
Respondent
Procedural Posture
Criminal Appeal Against Sentence / Judgment on Appeal at High Court
Legal Issues
- 1 Whether the original six month sentence was manifestly excessive and required reduction
- 2 Whether post-release conditions should be varied or enhanced to require counselling
Ratio Decidendi
The High Court concluded the six month sentence was excessive and substituted a four month custodial sentence while retaining the original post-release conditions and adding a direction that the offender, on release, attend the Nelson Probation Centre for assessment and drug and alcohol counselling.
Court Disposition
Appeal allowed in part; original sentence quashed and substituted
Orders
- Quash sentence of six months imprisonment.
- Impose sentence of four months imprisonment.
Full Case Text
Judgment text and source record
1 paragraphs
PALU v NEW ZEALAND POLICE [2018] NZHC 697 [17 April 2018]IN THE HIGH COURT OF NEW ZEALANDNELSON REGISTRYI TE KŌTI MATUA O AOTEAROAWHAKATŪ ROHECRI-2018-442-1[2018] NZHC 697BETWEEN PAEA I VAHAFOLAU PALUAppellantAND NEW ZEALAND POLICERespondentHearing: 17 April 2018Appearances: R Ord for the AppellantS K O'Donoghue for the RespondentJudgment: 17 April 2018RESULTS JUDGMENT OF CULL J[1] I have given some consideration to this matter and I have also heard counsel.What I am going to indicate now is that I am going to allow this appeal. I am quashingthe sentence of six months imprisonment and imposing a sentence of four monthsimprisonment. Reasons will follow.[2] The same post-release conditions and special release conditions as imposed byJudge Touhy will apply, but in addition, I am directing the defendant on his releasefrom prison to attend the Nelson Probation Centre to be assessed and undertake drugand alcohol counselling at the earliest opportunity. All other post-release conditionswill apply.Cull JSolicitors:Crown solicitors, Nelson