Palu v Police [2018] NZHC 697 (17 April 2018)

Last Updated: 29 August 2018

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CRI-2018-442-1 [2018] NZHC 697

BETWEEN	PAEA I VAHAFOLAU PALU Appellant
AND	NEW ZEALAND POLICE Respondent

Hearing:	17 April 2018
Appearances:	R Ord for the Appellant S K O’Donoghue for the Respondent
Judgment:	17 April 2018

RESULTS JUDGMENT OF CULL J

[1] I have given some consideration to this matter and I have also heard counsel. What I am going to indicate now is that I am going to allow this appeal. I am quashing the sentence of six months imprisonment and imposing a sentence of four months imprisonment. Reasons will follow.

[2] The same post-release conditions and special release conditions as imposed by Judge Touhy will apply, but in addition, I am directing the defendant on his release from prison to attend the Nelson Probation Centre to be assessed and undertake drug and alcohol counselling at the earliest opportunity. All other post-release conditions will apply.

Cull J

Solicitors:

Crown solicitors, Nelson

PALU v NEW ZEALAND POLICE [2018] NZHC 697 [17 April 2018]