24 Apr 2018
POU v NZ POLICE [2018] NZHC 787
- Citation
- [2018] NZHC 787
- Court
- High Court
The District Court erred in law in concluding it lacked jurisdiction to apply s 94. Section 94 applies where its criteria are met and s 94(3)(b) does not limit the court’s ability to impose a community-based sentence in addition to other sentences; disqualification is distinct from home detention. The period of disqualification was quashed and the matter remitted to the District Court to consider substitution of a community-based sentence under s 94.