THE QUEEN v TONI COLIN REIHANA [2001] NZCA 49 (11 April 2001)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca350/00 CA371/00

THE QUEEN

V

TONI COLIN REIHANA

Hearing:	20 March 2001
Coram:	Tipping J
	Robertson J
	Young J
Appearances:	H Croft for Appellant
	S P France for Crown
Judgment:	11 April 2001

judgment of the court DELIVERED BY YOUNG J

[1] This is a sequel to the interim judgment of this court which was delivered on 22 March this year in which the appellant's appeal against conviction was dismissed but we intimated that the appeal against sentence would probably be allowed.

[2] This intimation was conveyed in the following terms:-

[44]We therefore:-

1.Indicate that upon receipt of a satisfactory report from the Community Probation Service to the effect that a community service placement for the appellant can be found, in which the appellant can serve 150 hours community service, and assuming that the appellant consents to such a sentence, we are presently disposed to allow the appeal against sentence, quash the sentence of periodic detention and replace it with a sentence of 150 hours community service;

2.To this end, direct that there be a further report obtained from the Community Probation Service as to the appellant's suitability for community service.

3.Reserve further consideration of the ultimate disposition of this appeal.

[3] We have now received a report from the Department of Corrections confirming that the appellant is suitable for community service and consents to a sentence of community service.The report also confirmed that a community service programme is available.

[4] We, therefore, allow the appeal against sentence by quashing the sentence of five months periodic detention and replacing it with a sentence of 150 hours community service.

Solicitors

Helen Croft, Wellington for Appellant

Crown Law Office, Wellington