IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2018-454-9
[2018] NZHC 2401
BETWEEN TRACEY MAREE BEAVEN
Appellant
AND
THE QUEEN
Respondent
Hearing: 11 September 2018 Appearances:
G H Allan for Appellant
J J Harvey and E R Pairman for Respondent
Judgment:
12 September 2018
JUDGMENT OF GRICE J
(Appeal against sentence)
[1] Ms Beaven was sentenced to 27 months (two years and three months) imprisonment on one charge of aggravated robbery1 in the District Court on 25 May 2018.2
[2] Ms Beaven appeals her sentence on the grounds it was manifestly excessive for a number of reasons. They can be summarised as follows:
(a)The starting point was too high as the Judge wrongfully regarded Ms Beaven as “wilfully blind” and the discount for Ms Beaven’s lesser role was insufficient;
1 Crimes Act, ss 66(1) and 235(b).
2 R v Beaven [2018] NZDC 10938.
BEAVEN v R [2018] NZHC 2401 [12 September 2018]
(b)The Judge gave insufficient weight to Ms Beavan’s mitigating factors, specifically those relating to her family; and
(c)Home detention was a suitable sentence.
[3]The Crown say:
(a)The starting point of four years imprisonment adopted by the Judge was well within range for the offending. It was also open to the Judge to find Ms Beaven was wilfully blind;
(b)A further reduction was available to the Judge for the family situation of Ms Beaven in light of her responsibilities to her children and their dependence on her; and
(c)If the appeal is allowed and Ms Beaven’s sentence is reduced a new sentence at a level at which home detention is an available option, the Crown do not oppose it. This is as long as the risks Ms Beaven poses can be dealt with appropriately.
[4] There is also further evidence which is sought to be adduced in the appeal which was not before the sentencing Judge.
The offending
[5] On the afternoon of 15 July 2017, two young people known to Ms Beaven went to her home. They asked Ms Beaven if they could use her car, to which she said no. She offered to drive them, however, as she thought they were going to take her car anyway. They did not have drivers’ licences.
[6] She drove them from Palmerston North toward Levin. They picked up two other young people on the way. Ms Beaven was told to park outside a store in Levin while the young people went into a store to buy disguises to wear during a robbery. Ms Beaven did not know why they went into the shop.
[7] Ms Beaven was directed by the youths to drive and park near another store. One of the young people got out of the car, having been given $20.00 by one of the others, to go and buy a container to use during the robbery. The young person came back to the car after buying a small container, and was told to go back and get…
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- Beaven v The Queen [2018] NZHC 2401
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- [2018] NZHC 2401
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