| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA148/2020 [2021] NZCA 152 |
| BETWEEN | LEVI BARTLETT |
| AND | THE QUEEN |
| Hearing: | 16 March 2021 |
Court: | French, Ellis and Muir JJ |
Counsel: | J D Lucas for Appellant |
Judgment: | 30 April 2021 at 10 am |
JUDGMENT OF THE COURT
AThe conviction appeal is dismissed.
BThe sentence appeal is dismissed.
___________________________________________________________________
REASONS OF THE COURT
(Given by Muir J)
Introduction
Mr Bartlett appeals his conviction for aggravated robbery following a jury trial before Judge Kellar in the District Court at Christchurch.[1]
[1]Crimes Act 1961, s 235.
He does so on the basis that a miscarriage of justice resulted from:
(a)the Crown’s opening and closing addresses which he says were unfairly emotive and prejudicial to him; and
(b)improper admission of a statement made by him after exercising his right to silence.
Mr Bartlett also appeals his sentence of nine years’ imprisonment.[2] He says that this was manifestly excessive having regard, in particular, to matters raised in a s 27 cultural report.[3]
Background
[2]R v Bartlett [2020] NZDC 1898.
[3]Sentencing Act 2002, s 27.
In respect of the aggravated robbery charge, Mr Bartlett faced trial with a co‑offender, Mr Clarke.
On the afternoon of 4 June 2018 the victim, Mr White, was visiting friends, Messrs Murphy and Milne, at their flat in Christchurch. Mr White was playing chess with Mr Milne when there was a knock at the back door. Mr Milne went to answer it and was confronted by two men, one of whom — Mr Bartlett — was carrying a hammer. In his evidence Mr White said that the pair had the stance of persons “ready to go”.
Mr Milne then sprinted through and ran out the front door to the neighbour’s property. Mr White, who was still in the house, heard a crash and saw “[a] guy come running into the room swinging a hammer”. Several blows were landed on Mr White. He described being hit “as hard as [his attacker] could”. He said that he was then “confronted with a shotgun”. The intruders demanded money and drugs. There was neither in the house. Mr White said the offenders should take whatever they wanted, including his jacket, car keys and watch. He described one of the offenders as wearing a red bandana around his face and a Mongrel Mob patch on his back.
Throughout all of this, Mr Murphy remained in his bedroom with his dog. He heard yelling and when he looked out from his bedroom door saw a man with a hammer, wearing a black vest with a Mongrel Mob patch, standing over Mr White. The other man was also wearing a vest. Mr Murphy put his dog out of the bedroom window and then exited that way himself. He and the dog went to a driveway across the road.
A short time later Mr Murphy saw the intruders coming down his driveway towards a red station wagon.…
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- AGLC
- Bartlett v The Queen [2021] NZCA 152
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- [2021] NZCA 152
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