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Supreme Court of New Zealand Wellington
SC 83/2019
28 May; 6 July (written submissions); 31 July 2020
William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
SC 83/2019
28 May; 6 July (written submissions); 31 July 2020
William Young, Glazebrook, O’Regan, Ellen France and Williams JJ
Criminal law — Sentence — Appeal — Distinction between varying sentence and imposing new sentence — Power of court on second appeal — Criminal Procedure Act 2011 ss 251 and 257(2).
Criminal law — Sentence — Home detention — Appeal court quashing part-served sentence and imposing new 12 month sentence to start that day — Whether beyond jurisdiction — Distinction between varying sentence and imposing new sentence — Sentencing Act 2002 s 80A(3).