29 May 2023
TONI LEIGH HORE v R [2023] NZHC 1356
- Citation
- [2023] NZHC 1356
- Court
- High Court
The District Court judge miscalculated the remaining custodial time by deducting time served from the full 22 month term instead of calculating actual custodial time under Parole Act s86 (half of 22 months = 11 months) then deducting time already served; applying the orthodox practice of imposing a home detention term equivalent to the actual custodial time left yields a substituted sentence of four months' home detention, and the appeal is allowed to correct that error.