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Peter Miles Davies v New Zealand Police - SC 83/2007

Media releases

Summary

Criminal – appeal against Court of Appeal’s decision to confirm award of reparation to a victim for loss of earnings to the extent (20%) it is not compensable under the Injury Prevention, Rehabilitation and Compensation Act 2001 (IPRC Act) – whether sentences of reparation can be characterised as proceedings for damages brought by the victim independently of the IPRC Act (prohibited by s 317(1) of that Act) – whether s 32(5) Sentencing Act 2002 prohibits the ‘topping-up’ of IPRC Act entitlements by sentences of reparation.[2007] NZCA 484 CA 101/07 2 November 2007

Result

Application for leave to appeal granted.
15 February 2008
__________________________
Appeal allowed.  Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009

Related Documents

Leave judgment - leave granted — DAVIES v NEW ZEALAND POLICE SC 83/2007 [15 February 2008] (PDF 13 KB)

Substantive judgment — DAVIES v NEW ZEALAND POLICE SC 83/2007 [25 May 2009] (PDF 107 KB)

Additional Information

Substantive judgment /Media release DAVIES v NEW ZEALAND POLICE SC 83/2007 [25 May 2009]

Transcript Hearing date : 5 August 2008

Judgment appealed from

Davies v Police [2007] NZCA 484   2 November 2007