Berkland v R

[2020] NZSC 125

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 40/2020
 [2020] NZSC 125

BETWEEN	WILLIAM ALLAN BERKLAND Applicant
AND	THE QUEEN Respondent

Court:	Glazebrook, Ellen France and Williams JJ
Counsel:	L C Ord and E T Blincoe for Applicant C Ure for Respondent
Judgment:	17 November 2020

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Berkland v R [2020] NZCA 150).

BThe approved question is whether the Court of Appeal’s decision was correct.

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REASONS

1. While the approved question is general, the Court is particularly interested in hearing from the parties in relation to the following issues:

   (a)whether, given the more limited role attributed to Mr Berkland by the Court of Appeal (compared to that of his co‑offender), sufficient weight was placed on that factor in setting the starting point;

   (b)whether the Court of Appeal applied the correct approach to personal mitigating circumstances in relation to Mr Berkland, and in particular in requiring a causal link between his addiction or history of deprivation and the offending; and

   (c)whether the Court of Appeal was correct to uphold the imposition of a minimum period of imprisonment.

2. It will be clear from the foregoing that it is not intended that this appeal should proceed as a wholesale re-litigation of the Court of Appeal’s guideline judgment in Zhang v R.[1] 

   [1]Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648.

Solicitors:
Ord Legal, Wellington for Applicant
Crown Law Office, Wellington for Respondent