Blissett v Police

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2012-404-000374 [2013] NZHC 156

JOSHUA ALLEN BLISSETT

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         5 February 2013

Counsel:         A J Holland for the Appellant

J M Pridgeon for the Respondent

Judgment:      11 February 2013

JUDGMENT OF DUFFY J [Re Appeal Against Sentence]

This judgment was delivered by Justice Duffy on 11 February 2013 at 3.00 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:    Ministry of Justice (Public Defence Service) P O Box 90243 (DX CX 10075) Victoria Street West Auckland 1142 for the Appellant

Meredith   Connell   P    O    Box   2213   (DX CP24063)   Shortland   Street

Auckland 1140 for the Respondent

BLISSETT v POLICE HC AK CRI-2012-404-000374 [11 February 2013]

[1]      The appellant, Joshua Allen Blissett, appeals against a total sentence of three years,  three  months’ imprisonment  imposed  in  the  District  Court  following  his conviction on charges of burglary, receiving and possession of a glass pipe for the purpose of consuming methamphetamine.  There was also a charge of breaching a standard  prison  release  condition  for  which  he  was  convicted  and  discharged. Mr Blissett contends that the total sentence of imprisonment that he received is manifestly excessive. The appeal is opposed.

Facts

[2]      Mr Blissett entered guilty pleas to the offences on 17 July 2012.   He was sentenced on 12 October 2012.

Burglary offending

[3]      On the afternoon of 12 January 2012, Mr Blissett entered the outside area of a domestic dwelling and attempted to force open a window.  The window broke; he was cut by the broken glass; and left the scene.  Some of his blood had dropped onto the property, leaving DNA evidence that enabled the Police to identify his presence at the scene.

[4]      Then on 27 January 2012, during the daytime, Mr Blissett and an unknown associate broke into a domestic residence and took personal property, including a camera and items of jewellery, with a total worth of $2,000.

Receiving offending

[5]      On 1 February 2012, Mr Blissett’s residence was searched by Police and he was found to be in possession of personal items valued at $1,100 that were taken by a burglary on 1 January 2012 and personal items valued at $300 that were taken by a burglary on 18 January 2012. These burglaries were of domestic dwellings.

Misuse of Drugs Act 1975 offending

[6]      On 21 February 2012, the Police again searched Mr Blissett’s address.  They found  a  glass  pipe  on  his  person,  which  he  admitted  using  for  the  purpose  of smoking methamphetamine.

Breach of release conditions

[7]      At the time of the offending, Mr Blissett had recently been released from prison.  His release conditions included a curfew condition, which he breached on

10 January 2012.

Mr Blissett’s circumstances

[8]      Mr Blissett is 22 years old.   He has an extensive criminal history.   He has committed 68 offences, including youth offending.  This includes 13 convictions for burglary as an adult offender and seven such convictions in the Youth Court.   On

21 April…

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Details
Case
[2013] NZHC 156
Decision Date

CaseChat Overview and Summary

Joshua Allen Blissett appeals against a sentence of three years, three months’ imprisonment imposed by the District Court following his conviction on charges of burglary, receiving, possession of a drug utensil, and breaching a prison release condition. The appeal was opposed. Mr Blissett's appeal is based on the grounds that the sentence imposed was manifestly excessive, the Judge erred in imposing a cumulative sentence, and the Judge erred in law by considering the breach of parole to be an aggravating factor. The appeal was heard by Justice Duffy, who found that the starting point of 17 months’ imprisonment was appropriate, taking into account the circumstances of the offending. An uplift of three months was added for the attempted burglary and an uplift of 12 months was added for previous burglary convictions. An uplift of 11 months was added for the receiving charges and one month for the drug utensil offence. A discount of 30 per cent was applied for remorse and age. The final sentence was two years and seven months’ imprisonment. The Judge's reliance on a Senior approach must have led him to some double counting, despite his comments in the sentencing notes suggesting the contrary. The Judge's decision to sentence on the receiving charges cumulatively must have included a failure to pay due regard to the totality principle. A sentence that falls outside the range of appropriate sentences is one that is also manifestly excessive. The appeal was allowed, and the sentence imposed in the District Court was quashed and replaced with a total end sentence of two years and seven months’ imprisonment.

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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