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| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA469/2019 [2019] NZCA 592 |
| BETWEEN | PHILIP NEVILLE ARPS |
| AND | NEW ZEALAND POLICE |
| Hearing: | 18 November 2019 |
Court: | Collins, Brewer and Gendall JJ |
Counsel: | A M S Williams and J D Lucas for Appellant |
Judgment: | 28 November 2019 at 3.30 pm |
JUDGMENT OF THE COURT
AThe application for leave to appeal against sentence is granted.
BThe appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Collins J)
Introduction
On 16 March 2019, Mr Arps distributed to approximately 30 of his associates video footage which showed Mr Tarrant shooting a large number of people in two Christchurch mosques on 15 March. The actions of Mr Tarrant have led to him facing 51 charges of murder, 40 charges of attempted murder and one charge under the Terrorism Suppression Act 2002. On 16 March, Mr Arps also sent the video footage to another person and arranged for them to modify the video to include an image of rifle “crosshairs” and a “kill-count”. Later, on 16 March, the Prime Minister made a statement to the effect that it was likely an offence for anyone to distribute the video footage. Thereafter, Mr Arps deleted the modified video footage and refrained from any further distribution of the unmodified video footage.
Mr Arps was charged with two offences alleging that he had supplied or distributed objectionable material contrary to s 124(1) of the Films, Videos, and Publications Classification Act 1993. The maximum penalty for breaching that section is 14 years’ imprisonment.
Mr Arps sought a sentence indication, which was given by Judge O’Driscoll in the District Court at Christchurch on 17 April 2019. The indication was that if Mr Arps pleaded guilty the Judge would adopt a starting point of 2½ years’ imprisonment. The Judge said he would make deductions totalling 9 months from the starting point to reflect, amongst other matters, a 25 per cent discount for an early guilty plea. The Judge told Mr Arps that he would not convert the sentence to one of home detention. Mr Arps accepted the sentence indication and pleaded guilty. He was sentenced by Judge O’Driscoll on 18 June 2019 to 21 months’ imprisonment.[1]
[1]R v Arps [2019] NZDC 11547 [Sentencing Notes].
Mr Arps appealed his sentence to the High Court. His appeal was dismissed by Dunningham J on 27 August 2019.[2]
[2]Arps v Police [2019] NZHC 2113 [High Court judgment].
Mr Arps now seeks leave to pursue a second appeal against his sentence.
Criteria for granting leave to appeal
Before this Court can grant leave for Mr Arps to pursue a second appeal against sentence, we need to be satisfied that:[3]
(a)the appeal involves a matter of general or public importance; or
(b)a miscarriage of justice may have occurred, or may occur unless the appeal is heard.
The…
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- AGLC
- Arps v Police [2019] NZCA 592
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- [2019] NZCA 592
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