R v Wai-Poi

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2017-090-1504 [2018] NZHC 964

THE QUEEN

v

ANDREW GRAHAM WAI-POI

Hearing: 4 May 2018

Appearances:

S L McColgan for the Crown J G Krebs for Mr A G Wai-Poi

Judgment:

4 May 2018

ADDENDUM TO SENTENCING NOTES OF POWELL J

Solicitors:
Crown solicitor, Auckland Counsel:
J Krebs, Shakespeare Chambers, Napier

R v WAI-POI [2018] NZHC 964 [4 May 2018]

[1] Following the sentencing of Mr Wai-Poi this morning it was brought to my attention by the Registry that the sentence imposed, nine months of community detention, in fact exceeded the permissible period for community detention set out in s 69B(2) the Sentencing Act 2002. As the sentence imposed could not by law be applied to Mr Wai-Poi pursuant to s 180(1) of the Criminal Procedure Act 2011, I have recalled Mr Wai-Poi and counsel to explain the situation, and following the discussion this afternoon have formally recalled the sentence imposed on Mr Wai-Poi and instead substituted a new sentence of six months community detention, together with nine months intensive supervision.

[2] The intensive supervision component of the sentence is imposed in the knowledge that Mr Wai-Poi is currently serving a sentence of intensive supervision. The intention is when his current sentence of intensive supervision comes to an end intensive supervision will continue to run until the expiry of nine months from today’s date.

[3] In my view, given the reasons set out in my sentencing notes with regard to the appropriateness of community detention as the primary sentence for Mr Wai-poi, it seems to me that any other sentence other than the new sentence that I have now imposed would be manifestly excessive, and defeat the purposes of rehabilitation that were identified so strongly this morning.

Powell J

CaseChat Overview and Summary

The case of R v Wai-Poi involved the defendant, Andrew Graham Wai-Poi, who had been sentenced to nine months of community detention by Powell J. Following the sentencing, it was discovered that the sentence exceeded the permissible period for community detention as outlined in section 69B(2) of the Sentencing Act 2002. As a result, the sentence could not be legally applied, necessitating a recall of the defendant and a substitution of a new sentence.

The primary legal issue that the court had to address was the legality of the original sentence imposed on Mr Wai-Poi. Given that the sentence exceeded the statutory limit, Powell J had to determine an appropriate alternative sentence that would comply with the legal constraints while also considering the purposes of rehabilitation. The court was required to balance the need for compliance with legal limits against the sentencing objectives, particularly those related to rehabilitation, which had been highlighted during the sentencing process.

In addressing the legal issue, Powell J recalled the defendant and substituted the original sentence with a new one. The new sentence comprised six months of community detention, coupled with an additional nine months of intensive supervision. This decision was made considering the reasons previously outlined in the sentencing notes, which emphasised the appropriateness of community detention as a primary sentence for Mr Wai-Poi. Powell J concluded that any other sentence would be manifestly excessive and counterproductive to the rehabilitation goals identified during the proceedings.

The final orders of the court were that Mr Wai-Poi would serve six months of community detention, followed by an additional nine months of intensive supervision, ensuring the sentence was within the legal limits while still aligning with the objectives of rehabilitation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Hearing:	4 May 2018
Appearances:	S L McColgan for the Crown J G Krebs for Mr A G Wai-Poi
Judgment:	4 May 2018