A criminal challenged a judge on the legality of a sentence handed out in Whakatane District Court - and was proven right, avoiding more jail time.
Kawerau man Michael Mackay pleaded guilty to his part in two burglaries of scrap metal from a farm while on parole, and was sentenced to three months' jail by Judge Peter Rollo, cumulative to an earlier sentence.
But from the stand, Mackay challenged the cumulative sentence, saying that as an "intern recalled prisoner", under the Parole Board Act he could only be given a concurrent sentence.
He had both his lawyer, Steve Franklin, and the judge unsure whether he was right and the case was stood down to check his claim.
"It appears Mr Mackay was right," Mr Franklin said on his return.
The judge changed the sentence to a concurrent one and said he had clearly been using his time in prison well.
Mackay was imprisoned for four years in 2007 for his part in an aggravated robbery involving a firearm. He was released on parole recently, only to re-offend.
The police prosecutor said that on March 18, Mackay and two associates went to a farm and stole some scrap metal.
Mackay will remain in custody to face a meeting with the Parole Board over his breach of parole.
