Osman v R [2010] NZCA 187 (14 May 2010)

Last Updated: 19 May 2010

IN THE COURT OF APPEAL OF NEW ZEALAND

CA83/2010 [2010] NZCA 187

BETWEEN AISHA SHEIKH OSMAN
Plaintiff

AND THE QUEEN
Respondent

CA84/2010

AND BETWEEN FEISAL SHEIKH OSMAN
Plaintiff

AND THE QUEEN
Respondent

Hearing: 12 May 2010

Court: Hammond, Harrison and Fogarty JJ

Counsel: M J Hay and N R Woods for Appellants
D R La Hood & P D McCarthy for Respondent

Judgment: 14 May 2010 at 10.00 am

JUDGMENT OF COURT

A The appeals are allowed.

B We set aside the sentences of imprisonment imposed on the appellants.

C We substitute instead sentences of:

(a) in the case of Feisal Sheikh Osman three months’ home detention, commencing from the date of his release from prison.

(b) in the case of Aisha Sheikh Osman two months’ home detention from the date of her release from prison.

D Written reasons for these determinations will follow in due course.
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Reasons to follow.

Solicitors:
Rowland Woods, Wellington for Appellants
Luke Cunningham and Clere, Wellington for Respondent