A burglar who threatened a neighbour with an axe has won the right to be re-sentenced at the Rotorua District Court, because he's a police informant.
The Court of Appeal has quashed a prison sentence of three years and three months imposed on Conrad Gray, who had 17 prior convictions for burglary and 11 for dishonesty.
Gray kicked in his neighbour's back door, told the man he would "wear the axe" if he called the police, and later crashed his car.
Gray was on parole after being released from prison a month before the home invasion, in November 2007.
However, the judge was unaware Gray was placing himself at personal risk by giving evidence in an unrelated case.
To leave future appeal rights intact, the Court of Appeal has remitted re-sentencing back to the District Court.