3 Nov 2023
MCGREGOR v POLICE [2023] NZHC 3118
- Citation
- [2023] NZHC 3118
- Court
- High Court
The High Court allowed the appeal because the District Court judge, when exercising the discretionary power under s180 CPA to correct an erroneous sentence, failed to consider material factors including prejudice from delay and the impact on the appellant's ability to seek conversion under s94 LTA; backdating cannot render an indefinite disqualification 'in force' earlier (Neho), and therefore the resentence was quashed and the original finite disqualification was reinstated.