Dermot Gregory Nottingham v The Queen - SC 83/2019

A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
12 December 2019
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A  The judgment of 12 December 2019 (Nottingham v R [2019] NZSC 144) is recalled and leave to appeal is granted in relation to the appeal against sentence. 
B  The approved question is whether the Court of Appeal was correct to impose the maximum period of home detention in circumstances where the offender had already served a period of home detention in relation to the offending.
20 March 2020
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A The appeal against sentence is allowed. The sentence of 12 months’ home detention imposed by the Court of Appeal is varied by replacing that sentence with a sentence of eight and a half months’ home detention with a start date of 30 July 2019.
B Having served more than 12 months’ home detention, Mr Nottingham has served that part of his sentence. The standard and special post-detention conditions imposed by the Court of Appeal remain in place for the remainder of the 12 month and six month post detention periods respectively.
C The remaining period of community work to be served by Mr Nottingham is remitted.
31 July 2020