IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2021-412-43
[2022] NZHC 472
BETWEEN BLAIR DAVID BEAUMONT
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 28 February 2022 Appearances:
S A Saunderson-Warner for Appellant C E R Power for Respondent
Judgment:
16 March 2022
JUDGMENT OF OSBORNE J
This judgment was delivered by me on 16 March 2022 at 10.30 pm
Registrar/Deputy Registrar Date:
BEAUMONT v NEW ZEALAND POLICE [2022] NZHC 472 [16 March 2022]
Introduction
[1] Blair Beaumont pleaded guilty to and was convicted of 39 dishonesty charges, comprising:
(a)obtaining by deception (over $1,000) (x 16);1
(b)causing loss by deception (over $1,000) (x 2);2
(c)theft over $1,000;3
(d)unlawfully taking a motor vehicle;4
(e)obtaining by deception ($500-$1,000) (x 11);5
(f)causing loss by deception ($500-$1,000) (x 3);6
(g)obtaining by deception (under $500) (x 4);7 and
(h)causing loss by deception (under $500).8
[2] On 30 September 2021, Mr Beaumont was sentenced in the Dunedin District Court by Judge M B T Turner to three years and seven months’ imprisonment.9
[3] Mr Beaumont has appealed against three of his convictions on the basis that, by dint of the charges’ maximum sentences, such charges were time-barred and those charges are therefore nullities. The Crown acknowledges that contention. That aspect of the appeal will be allowed and the convictions quashed.
1 Crimes Act 1961, s 240(1)(a)–(b) and 241(a) – maximum penalty of seven years’ imprisonment.
2 Crimes Act, ss 240(1)(d) and 241(a) – maximum penalty of seven years’ imprisonment.
3 Crimes Act, ss 219 and 223(b) – maximum penalty of seven years’ imprisonment.
4 Crimes Act, s 226(1) – maximum penalty of seven years’ imprisonment.
5 Crimes Act, ss 240(1)(a) and 241(b) – maximum penalty of one year’s imprisonment.
6 Crimes Act, ss 240(1)(d) and 241(b) – maximum penalty of one year’s imprisonment.
7 Crimes Act, ss 240(1)(a) and 241(c) – maximum penalty of three months’ imprisonment.
8 Crimes Act, ss 240(1)(d) and 241(c) – maximum penalty of three months’ imprisonment.
9 Police v Beaumont [2021] NZDC 19652.
[4] Mr Beaumont also appeals against his sentence on the basis it is manifestly excessive because the Judge adopted an excessively high starting point, imposed excessive uplifts for personal aggravating factors, and did not allow a discount for restorative justice.
Facts
[5] Mr Beaumont’s offending spanned the thirty-months period between 1 December 2018 and 21 May 2021, starting when he was 34 years old. It occurred across Central and North Otago, South Canterbury, Canterbury and Wellington. Numerous summaries of facts covered the offending. As was summarised by the sentencing Judge, it fell into five categories:
(a)Online sales of non-existent items (including containers, shelving, car parts, computers, a PlayStation console and other electronic equipment). Mr Beaumont took payment for the “goods” but did not deliver them. He initially made excuses for the non-delivery but later ceased communication with the purchasers.
(b)Repair work for which Mr Beaumont quoted and received a deposit, but did not do the work. (In that regard Mr…
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CaseChat Overview and Summary
The court found that the three convictions in question were time-barred and therefore nullities. The court noted that the amended charges had been filed and amended well outside the six-month timeframe, and that there was nothing before the court capable of rectification. The court found that the appeal against conviction should be allowed and the convictions quashed.
The court found that the starting point of three years and ten months' imprisonment was appropriate, given the seriousness of the offending and the need for individual deterrence. The court also found that the uplift for personal aggravating factors was not excessive, given the multiple factors it reflected. The court noted that the sentence of three years and seven months' imprisonment was not manifestly excessive, even when applying the methodology in Moses v R.
The court quashed the three convictions and dismissed the appeal against sentence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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