28 Aug 2023
BOYD v NEW ZEALAND POLICE [2023] NZHC 2363
- Citation
- [2023] NZHC 2363
- Court
- High Court
Section 180 CPA did not authorise the District Court Judge to replace the community-based intensive supervision sentence with imprisonment because the original supervision sentence was lawfully open and not expressly prohibited by statute despite practical impossibility; the correct remedies were applications under s54K or consideration of home detention under s80I, and there was no power for the Judge to invoke s180 on her own motion in the circumstances, so the replacement custodial sentence was unlawful and must be quashed and the matter remitted for re-sentencing.