31 Jul 2020
DERMOT GREGORY NOTTINGHAM v R [2020] NZSC 74
- Citation
- [2020] NZSC 74
- Court
- Supreme Court
The statutory scheme limits total home detention to a maximum of 12 months; the Court of Appeal lacked jurisdiction to impose a fresh 12-month home detention sentence that, combined with time previously served, would require more than 12 months' home detention in total. The appropriate remedy on this second appeal is to vary the Court of Appeal sentence to one that does not exceed the statutory maximum by reducing the home detention term to eight and a half months with a backdated start date (30 July 2019), retain post-detention conditions, and remit remaining community work.