BIRD v POLICE [2017] NZHC 955

BIRD v POLICE [2017] NZHC 955

The Court allowed the appeal, quashed the 15 month imprisonment sentence and substituted a seven month home detention sentence to take account of time already served, directed that the appellant's name not be placed on (or be removed from) the Child Sex Offender Register, and ordered that home detention address and...

Source-derived case information.

Citation
[2017] NZHC 955
Parties
Appellant: Raymond Lee Bird; Respondent: New Zealand Police
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 May 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence (results Judgment)
Outcome
Appeal allowed; original sentence of 15 months imprisonment quashed; substituted sentence of seven months home detention; appellant not to be placed on (or to be removed from) the Child Sex Offender Register.
Legal Topics
Home Detention, Custodial Sentence, Child Sex Offender Register, Sentence Substitution
Criminal Law Sentencing Sex Offender Registration Home Detention Custodial Sentence Child Sex Offender Register Sentence Substitution

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Parties

Raymond Lee Bird

Appellant

New Zealand Police

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (results Judgment)

Legal Issues

  1. 1 Whether the 15 month imprisonment sentence was manifestly excessive
  2. 2 Whether substitution with home detention was appropriate and should account for time already served
  3. 3 Whether the appellant's name should be placed on or removed from the Child Sex Offender Register

Ratio Decidendi

The Court allowed the appeal, quashed the 15 month imprisonment sentence and substituted a seven month home detention sentence to take account of time already served, directed that the appellant's name not be placed on (or be removed from) the Child Sex Offender Register, and ordered that home detention address and special conditions be as set out in the PAC Report dated 27 January 2017, with the substituted sentence to take effect 12 May 2016.

Court Disposition

Appeal allowed; original sentence of 15 months imprisonment quashed; substituted sentence of seven months home detention; appellant not to be placed on (or to be removed from) the Child Sex Offender Register.

Orders

  • Quash the sentence of 15 months imprisonment
  • Substitute a sentence of seven months home detention