4 Feb 2016
HERBERT v POLICE [2016] NZHC 86
- Citation
- [2016] NZHC 86
- Court
- High Court
The dishonest use offending occurred in March 2015 and formed part of offending dealt with at sentencing on 29 June 2015; therefore the correct approach under s 85 was to treat the later-filed dishonest use charge as if it had been before the court in June 2015, and the Crown did not establish that additional imprisonment would have been imposed then; accordingly the seven month sentence imposed in December 2015 for dishonest use was quashed while the conviction was preserved and the offender discharged on that offending.