SKIPPER v R [2017] NZCA 391
The Court dismissed the appeal against conviction and allowed the appeal against sentence, quashing the sentence and remitting the matter to the District Court for re-sentencing under s 251(2)(c) of the Criminal Procedure Act because the sentencing required reconsideration; the Court directed preparation of a home...
Source-derived case information.
- Citation
- [2017] NZCA 391
- Parties
- Appellant: Valencia Marie Skipper; Respondent: The Queen
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 5 September 2017
- Procedural Posture
- Criminal Appeal / Court of Appeal Decision (conviction and Sentence)
- Outcome
- Conviction affirmed; sentence quashed and remitted for re-sentencing
- Legal Topics
- Conviction Appeal, Sentence Appeal, Home Detention, Remittal for Re Sentencing, Interim Bail
Source-derived case record
Summary, issues, holding and outcome
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Parties
Valencia Marie Skipper
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Court of Appeal Decision (conviction and Sentence)
Legal Issues
- 1 Whether the conviction should be overturned
- 2 Whether the sentence was erroneous and required quashing and re-sentencing
- 3 Whether a home detention appendix should be prepared and considered on re-sentencing
Ratio Decidendi
The Court dismissed the appeal against conviction and allowed the appeal against sentence, quashing the sentence and remitting the matter to the District Court for re-sentencing under s 251(2)(c) of the Criminal Procedure Act because the sentencing required reconsideration; the Court directed preparation of a home detention appendix and that the appellant be brought before the District Court for interim bail.
Court Disposition
Conviction affirmed; sentence quashed and remitted for re-sentencing
Orders
- Appeal against conviction dismissed
- Appeal against sentence allowed; sentence quashed and remitted to the District Court under s 251(2)(c) of the Criminal Procedure Act for re-sentencing
Full Case Text
Judgment text and source record
1 paragraphs
SKIPPER v R [2017] NZCA 391 [5 September 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA240/2017[2017] NZCA 391BETWEEN VALENCIA MARIE SKIPPERAppellantAND THE QUEENRespondentHearing: 31 August 2017Court: Miller, Courtney and Gendall JJCounsel: M F Laracy and W R Hawkins for AppellantM L Wong for RespondentJudgment: 5 September 2017 at 10.00 amJUDGMENT OF THE COURTA The appeal against conviction is dismissed.B The appeal against sentence is allowed. We quash the sentence and remit the proceeding to the District Court under s 251(2)(c) of the Criminal Procedure Act for re-sentencing in accordance with our reasons. We direct that a home detention appendix be prepared. The appellant should be brought before the District Court as soon as possible to decide bail in the interim.____________________________________________________________________[Reasons to Follow]Solicitors:Public Defence Service, Napier for AppellantCrown Law Office, Wellington for Respondent