Whaanga v The King

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA586/2023
[2024] NZCA 30

BETWEEN	HARRY HIRIWI WHAANGA Appellant
AND	THE KING Respondent

Hearing:	12 February 2024
Court:	Collins, Woolford and Mander JJ
Counsel:	T Epati for Appellant M J M Mitchell for Respondent
Judgment No (2):	22 February 2024 at 11.00 am

JUDGMENT (NO 2) OF THE COURT

The application is granted. Pursuant to s 80K of the Sentencing Act 2002 the sentence of 22 months’ imprisonment is substituted with one of six months’ home detention on the conditions set out in [3] of this judgment.

____________________________________________________________________

REASONS OF THE COURT

(Given by Collins J)

On 13 February 2024, we allowed Mr Whaanga’s appeal against sentence and reduced his sentence from 26 months’ imprisonment to 22 months’ imprisonment.[1] We ordered a pre-sentence report as to the suitability of an address currently occupied by Mr Whaanga’s wife and four children for the purposes of a sentence of home detention. We also granted leave to Mr Whaanga to apply to have a sentence of six months’ home detention imposed if his wife’s address was deemed suitable for home detention.
[1]R v Whaanga [2024] NZCA 14 [Results judgment].
A pre-sentence report has now been provided which confirms the address is suitable. Mr Whaanga has applied to substitute the sentence of imprisonment with one of home detention.
The application is granted. Pursuant to s 80K of the Sentencing Act 2002 the sentence of 22 months’ imprisonment is substituted with one of six months’ home detention. In addition to the standard conditions for home detention, we impose the following special condition:
· Mr Whaanga is to attend an assessment for an alcohol and drug programme as directed by a probation officer. He is to attend and complete any counselling, treatment or programme as recommended by the assessment and as directed by and to the satisfaction of a probation officer.
The sentence of home detention is to be served at 50A Main Road, Wainuiomata, Lower Hutt.

Solicitors:
Crown Solicitor, Napier for Respondent

CaseChat Overview and Summary

In the Court of Appeal of New Zealand, the appeal of Harry Hiriwi Whaanga against his sentence was heard. The appeal was against the original sentence of 26 months' imprisonment, which was later reduced to 22 months' imprisonment. The appellant, Mr Whaanga, applied to substitute his sentence of imprisonment with one of home detention. This application was made on the basis that a pre-sentence report had confirmed that the address of his wife and children was suitable for the purposes of home detention.

The court was required to determine whether the appellant's sentence could be substituted with one of home detention, given the suitability of the address provided in the pre-sentence report. The court also needed to consider and impose any additional conditions that would be appropriate for a sentence of home detention.

The Court granted the application and substituted the sentence of 22 months' imprisonment with one of six months' home detention. In addition to the standard conditions for home detention, the court imposed a special condition that Mr Whaanga must attend an assessment for an alcohol and drug programme as directed by a probation officer and complete any recommended treatment or programme. The sentence of home detention is to be served at 50A Main Road, Wainuiomata, Lower Hutt. The decision was made pursuant to section 80K of the Sentencing Act 2002.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established