MITAI-NGATAI v R [2021] NZCA 679
On the Crown's concession and applying appellate sentencing powers, the Court granted the extension of time, allowed the appeal and substituted a two year term of imprisonment for the original seven year sentence, while noting such disposals should be exceptional in light of Fitzgerald v R.
Source-derived case information.
- Citation
- [2021] NZCA 679
- Parties
- Appellant: Tauhu David Mitai-Ngatai; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 December 2021
- Procedural Posture
- Criminal Appeal / On the Papers (extension of Time Application)
- Outcome
- Extension of time granted; appeal allowed; original sentence quashed and substituted
- Legal Topics
- Extension of Time to Appeal, Sentence Substitution, Crown Concession, Publication Prohibition Under S203 Criminal Procedure Act 2011
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tauhu David Mitai-Ngatai
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / On the Papers (extension of Time Application)
Legal Issues
- 1 Whether an extension of time to appeal should be granted
- 2 Whether the seven year sentence should be quashed and a two year sentence substituted
- 3 Whether the Crown's concession justifies disposing of the appeal on the papers
Ratio Decidendi
On the Crown's concession and applying appellate sentencing powers, the Court granted the extension of time, allowed the appeal and substituted a two year term of imprisonment for the original seven year sentence, while noting such disposals should be exceptional in light of Fitzgerald v R.
Court Disposition
Extension of time granted; appeal allowed; original sentence quashed and substituted
Orders
- Extension of time to appeal granted
- Appeal allowed
Full Case Text
Judgment text and source record
1 paragraphs
MITAI-NGATAI v R [2021] NZCA 679 [10 December 2021]NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 203OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA616/2021[2021] NZCA 679BETWEEN TAUHU DAVID MITAI-NGATAIAppellantAND THE QUEENRespondentCourt: French, Miller and Collins JJCounsel: E J Forster for AppellantP D Marshall and R E King for the RespondentJudgment:(On the papers)10 December 2021 at 9.00 amJUDGMENT OF THE COURTA The application for an extension of time to appeal is granted.B The appeal is allowed.C The sentence of seven years' imprisonment is quashed and substitutedwith a sentence of two years' imprisonment.____________________________________________________________________[Reasons to follow]This results judgment reflects the generous stance taken by the Crown in concedingthe appeal. We are mindful of the Supreme Court's indication in Fitzgerald v R1 that1 Fitzgerald v R [2021] NZSC 131.such cases ought to be exceptional and consider that future cases are likely to requireargument and an oral hearing.Solicitors:Crown Law Office, Wellington for Respondent