IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
CRI-2016-412-000011 [2016] NZHC 1715
BETWEEN ZANE LEVI BELL
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 25 July 2016 Appearances:
A Dawson for Appellant
L C Preston for CrownJudgment:
27 July 2016
JUDGMENT OF DUNNINGHAM J
[1] Mr Bell appeals his sentence of two years five months’ imprisonment imposed in respect of various charges.1 Four of the charges arose out of the events which occurred on one night. These are:
(a) assault;
(b) assault with intent to injure; (c) burglary; and
(d) robbery.
1 R v Bell [2016] NZDC 10091.
BELL v NEW ZEALAND POLICE [2016] NZHC 1715 [27 July 2016]
[2] Mr Bell was also charged with operating a motor vehicle causing sustained loss of traction, which occurred on a separate occasion.
Background
[3] The events which triggered the commission of the first four offences with which the appellant was charged, began with a damaged seat belt. In November 2014, the victim and his partner borrowed a Toyota motor vehicle from the sister of a man they knew. That man is a school friend of the appellant. During the time the vehicle was being used by the victim and his partner, their dog damaged the seat belt in the vehicle. As a result, $100 was paid to the sister. A dispute arose over what, if any, further money should be paid.
[4] On 6 January 2015 the appellant and his friend had been to a funeral in Dunedin. As they drove back to Lawrence, the issue of the money paid to the friend’s sister was discussed. Both had been drinking. The friend’s girlfriend was also in the car.
Common Assault
[5] On arriving at Lawrence, the appellant drove to the victim’s address. He went to the victim’s property and banged on the door. When the victim opened the door, he said “You owe my sister in law money” and punched the victim.
Burglary and assault with intent to injure
[6] The appellant then chased the victim into the house where he continued to say that money was owed. In the kitchen the appellant threw two punches at the victim who blocked one, and the other missed. He then kicked the victim twice to the forearm area and threw four or five further punches, one hitting the victim’s jaw.
[7] The appellant said to the victim, “right then, we’ll go to the ATM machine and you’ll give me $200.” In the lounge the victim obtained an ATM card from his pregnant partner’s purse and he left the house with the appellant. They walked to the car where the appellant said to the victim, “you best have $200 there”.
Robbery
[8] The appellant then drove the victim to the local ATM in Lawrence where he accompanied the victim up to the ATM and stood beside him. There, the victim withdrew and handed over $200. On returning to the car the money was given to the friend’s girlfriend who later gave it to…
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- Bell v Police [2016] NZHC 1715
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- [2016] NZHC 1715
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