"Furthermore, the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See also HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").
"[T]he legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See also HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").
"the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, andillogicality." State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See also HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").
Yamamoto apparently relied on this provision in determining that a FSO could be imposed and, thus, could extend beyond a sentence of probation. 79 Hawai`i at 515-16 nn. 5-6, 904 P.2d at 529-30 nn. 56. In State v. Griffin, 83 Haw. 105, 924 P.2d 1211 (1996), this court observed that an order of restitution is both a condition and a FSO. Id. at 108, 924 P.2d at 1214 (citing Yamamoto, 79 Hawai`i at 515-16 nn. 56, 904 P.2d at 529-530 nn. 56). As to any perceived difference between Griffin and Yamamoto, we clarify that in pre-1998 cases, a FSO could have been imposed at the time of the original sentence if it was imposed as a separate order, independent of a sentence of probation and/or imprisonment at the time of sentencing.
"Furthermore, the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See alsoHRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").
As the prosecution has repeatedly noted, "the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." Gray, 84 Haw. at 148, 931 P.2d at 590 (citing State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted); HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.")). Accordingly, we hold that the plain language and the legislative intent underlying HRS § 431:10C-104.
"the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." State v. Griffin, 83 Haw. 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Haw. 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See also HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").
In the instant case[, Defendant's] period of probation was scheduled to expire on September 16, 1997. 13. Pursuant to State v. Griffin, 83 Haw. 105[, 924 P.2d 1211] (1996), and State v. Yamamoto, 79 Haw. 511[, 904 P.2d 525] (1995), restitution can be a free-standing order remaining in full force and effect beyond the termination of [Defendant's] term of probation in the instant case. 14. Pursuant to Section 706-644(6) of the Hawaii [Hawai`i] Revised Statutes, as amended, and pursuant to dictum (footnote 4) in Griffin, supra, civil judgment can be imposed against [Defendant] in favor of Bank of Hawaii. [Defendant] has already pled GUILTY as charged to Count 1 which is the offense of THEFT IN THE FIRST DEGREE.
Thus, we will not disturb a sentencing court's decisions regarding restitution absent an abuse of discretion. Id.; see alsoState v. Griffin, 83 Hawai'i 105, 108–09, 924 P.2d 1211, 1214–15 (1996) (reviewing the circuit court's award of restitution for abuse of discretion). III.
"the legislature is presumed not to intend an absurd result, and legislation will be construed to avoid, if possible, inconsistency, contradiction, and illogicality." State v. Griffin, 83 Hawai'i 105, 108 n. 4, 924 P.2d 1211, 1214 n. 4 (1996) (quoting State v. Malufau, 80 Hawai'i 126, 137, 906 P.2d 612, 623 (1995) (citations and internal quotation marks omitted)) (brackets and internal quotation marks omitted). See also HRS § 1-15(3) (1993) ("Every construction which leads to an absurdity shall be rejected.").