11 May 2020
JOE v R [2020] NZCA 154
- Citation
- [2020] NZCA 154
- Court
- Court of Appeal
Recall granted. The reference to the wrong charge was a clerical/annotation error and is corrected by reissuing the judgment to reflect that the conviction concerned a punch to the head. Sentences for the male assaults female were unlawfully imposed in excess of the statutory maximum; the appropriate term for each such charge is one year, but this Court lacks jurisdiction to amend unlawful sentences by recall and the District Court/sentencing court should be asked to correct under s 180 Criminal Procedure Act 2011. The 'ride or die' remark was factual narrative and did not cause prejudice and…