R v Adam Drollett [2016] NZDC 3438

Published 11 July 2016

Re-sentencing — correction of erroneous sentence — Sentencing Act 2002, s 86(1) — Criminal Procedure Act 2011, ss 180(1), 116. The guilty party was re-sentenced in light of s 86(1) of the Sentencing Act. That section provides for a minimum period of imprisonment to be ordered in respect of a particular offence. However, as the Judge had ordered a minimum term on the total cumulative sentence, it was a sentence which could not be imposed by law. Although section 116 of the Criminal Procedure Act provides that a sentence indication is binding on the judicial officer who gives it, jurisdiction exists under s 180 of that Act to correct an erroneous sentence. Rather than ordering a 50 per cent minimum sentence on the cumulative total, the Judge achieved the purposes of denunciation, deterrence and protection of the public by instead increasing the minimum period of imprisonment to approximately two-thirds on the aggravated robbery sentence of three years’. In doing so, and practically speaking, this achieved a 50 per cent minimum period of imprisonment on all of the offending.