TUTAKANGAHAU V R CA168/2014 [2014] NZCA 208
Leave to appeal was granted; the Court concluded the 11 month sentence was excessive, quashed it and substituted a sentence of six months imprisonment; the Court also imposed a post-release special condition requiring attendance at and completion of counselling or treatment as directed by the Probation Officer...
Source-derived case information.
- Citation
- [2014] NZCA 208
- Parties
- Appellant: Thomas Teni Tutakangahau; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 29 May 2014
- Procedural Posture
- Criminal Appeal Against Sentence / Application for Leave to Appeal; Leave Granted and Appeal Allowed
- Outcome
- Leave to appeal granted; appeal against sentence allowed; original sentence quashed and substituted; post-release condition imposed
- Legal Topics
- Leave to Appeal, Sentence Reduction, Post Release Conditions, S 14(1) Parole Act 2002
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Teni Tutakangahau
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal; Leave Granted and Appeal Allowed
Legal Issues
- 1 Whether leave to appeal against sentence should be granted
- 2 Whether the original sentence of 11 months imprisonment was excessive and required substitution
- 3 Whether a post-release special condition for counselling could be imposed under s 14(1) Parole Act 2002 and its duration
Ratio Decidendi
Leave to appeal was granted; the Court concluded the 11 month sentence was excessive, quashed it and substituted a sentence of six months imprisonment; the Court also imposed a post-release special condition requiring attendance at and completion of counselling or treatment as directed by the Probation Officer together with standard conditions under s 14(1) Parole Act 2002, to expire six months after the sentence expiry date.
Court Disposition
Leave to appeal granted; appeal against sentence allowed; original sentence quashed and substituted; post-release condition imposed
Orders
- Application for leave to appeal granted.
- Appeal against sentence allowed; sentence of 11 months imprisonment is quashed and a sentence of six months imprisonment is substituted.
Full Case Text
Judgment text and source record
1 paragraphs
TUTAKANGAHAU V R CA168/2014 [2014] NZCA 208 [29 May 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA168/2014[2014] NZCA 208BETWEEN THOMAS TENI TUTAKANGAHAUAppellantAND THE QUEENRespondentHearing: 27 May 2014Court: Ellen France, French and Miller JJCounsel: T Epati for AppellantM J Lillico for RespondentJudgment: 29 May 2014 at 10 amJUDGMENT OF THE COURTA The application for leave to appeal is granted.B The appeal against sentence is allowed. The sentence of 11 months imprisonment is quashed and a sentence of six months imprisonment is substituted.C A post-release special condition that the appellant attend and complete such counselling or treatment programmes as may be directed by his Probation Officer is imposed together with the standard conditions under s 14(1) of the Parole Act 2002. These conditions expire six months after the sentence expiry date.____________________________________________________________________[Reasons to follow]Solicitors:Rishworth, Wall & Mathieson, Gisborne for AppellantCrown Law Office, Wellington for Respondent