6 Mar 2017
NEWTON v DEPARTMENT OF CORRECTIONS & ANOR [2017] NZHC 343
- Citation
- [2017] NZHC 343
- Court
- High Court
The District Court erred by cancelling the appellant's existing home detention and imposing five months additional imprisonment without an application under s 80F; under subpart 2A the Judge lacked jurisdiction to cancel in the absence of an application and the appropriate sentence for the active offending is 15 months' imprisonment, with the existing home detention reinstated but suspended pursuant to s 80ZGA.