A man who was sentenced to seven years' prison for touching the hand, back and arm of a sleeping woman has had his sentence cut to 15 months on appeal.
Photo: RNZ / Rebekah Parsons-King
Kirihi Bob Phillips was convicted of indecent assault after touching the woman at a backpackers' hostel in Paihia in October 2019, just four days after his release from prison.
As it was his third strike under the three strikes regime, he received the maximum sentence in March this year.
At the time, the judge said if it were not for the three strikes law, he would have sentenced Phillips to "around 15 months' imprisonment".
As he had been in custody since the night of the offending, he would have been eligible for immediate release.
Shortly after this, a man with schizophrenia had his seven-year sentence for trying to kiss a woman on the street overturned by the Supreme Court.
The court ruled that where the application of the three strikes regime would amount to "disproportionately severe punishment", the defendant should be sentenced under ordinary sentencing principles.
Phillips appealed his sentence on these grounds.
In a ruling just released, the Court of Apeal has found the original sentence was excessively punitive - 5.6 times greater than it would have been ordinarily.
"Phillips' offending was at the low end of the spectrum of indecent assaults.... he must now be considered an inadvertent and unforeseen casualty of the three strikes regime."
The bill repealing the "three strikes" law passed its first reading in Parliament last month and has been referred to the Justice Select Committee.
The Government says the Three Strikes Legislation Repeal Bill will remove an anomaly in the justice system that has led to "absurd and perverse" outcomes.
National and Act opposed the bill, while Labour, the Green Party and Te Pāti Māori supported it.
