A man who was locked up because of an administrative botch will now be eligible for home detention following a successful appeal.
In March, Tommy Shannon Fisher, 26, appeared in the Invercargill District Court and was sentenced to three years and two months’ imprisonment.
At the time, the summary of facts did not reflect that 13 charges had been withdrawn.
"It is clear that there was an error in the sentence imposed and, consequently, a different sentence should be imposed," Justice Rachel Dunningham’s decision said.
Last year, Fisher burgled six residential properties in Invercargill.
He looked through victims’ cars and houses, taking jewellery, clothing and bank cards.
The defendant bought goods with the stolen cards and faced charges for this also.
Fisher appeared in the District Court again this week to be sentenced on the correct charges and amended summary of facts.
Counsel Jono Ross admitted some responsibility for the initial mix-up.
Judge Duncan Harvey said it was clear he had taken the withdrawn charges into consideration when sentencing Fisher.
"Mr Fisher, it’s been somewhat of a long road," he said.
"When I first sentenced you, I thought there were more burglaries than in fact there were."
He said the defendant was entitled to exactly the same discounts that he was in March, and the only real difference was the starting point.
The judge sentenced Fisher to two years’ imprisonment and granted him leave to apply for home detention.
