1 Dec 2021
MUNU v NEW ZEALAND POLICE [2021] NZHC 3274
- Citation
- [2021] NZHC 3274
- Court
- High Court
The appeal was allowed because the Judge's pre‑sentence exchange created a real ambiguity about whether a cumulative six‑month sentence was intended; to give effect to the outcome defence counsel and the appellant reasonably believed the Judge intended, the concurrent 16‑month sentence was quashed and replaced with a six‑month sentence to be served cumulatively on the earlier ten‑month sentence; leave to appeal out of time was granted given explanation and lack of opposition.