IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CRI-2024-454-34
[2024] NZHC 3748
BETWEEN SHANE LESLEY BOURKE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 14 November 2024 Appearances:
R M Gould for Appellant N H Brown for Respondent
Judgment:
10 December 2024
JUDGMENT OF McQUEEN J
[1] Mr Bourke was sentenced on a number of charges on 9 October 2024 by Judge Northwood at the Palmerston North District Court, following the entry of guilty pleas.1 The charges were as follows: five charges of burglary,2 four charges of dishonestly taking a vehicle,3 three charges of receiving items valued more than
$1,000,4 one charge of receiving an item worth between $500 and $1,000,5 two charges of receiving items worth under $500,6 two charges of theft,7 one charge of dangerous driving,8 one charge of failing to stop for the police while driving dangerously,9 one
1 R v Bourke [2024] NZDC 24676.
2 Crimes Act 1961, s 231(1)(a) and s 66. Maximum penalty 10 years’ imprisonment.
3 Crimes Act, s 226(1). Maximum penalty seven years’ imprisonment.
4 Crimes Act, s 246 and 247(a). Maximum penalty seven years’ imprisonment.
5 Crimes Act, s 246 and 247(b). Maximum penalty one year’s imprisonment.
6 Crimes Act, s 246 and 247(a). Maximum penalty three months’ imprisonment.
7 Crimes Act, s 219 and 223(s). Maximum penalty three months’ imprisonment.
8 Land Transport Act 1998, s 35(1)(b). Maximum penalty three months’ imprisonment, $4,500 fine.
9 Land Transport Act, ss 52A(1)(a)(ii), 52A(3), 52A(6) and 114(2). Maximum penalty $10,000 fine.
BOURKE v NEW ZEALAND POLICE [2024] NZHC 3748 [10 December 2024]
charge of driving with an excess drug and alcohol concentration10 and one charge of failing to report to a Probation Officer.11
[2] Mr Bourke was sentenced to a period of five years and three months’ imprisonment. He now appeals this sentence on the grounds that the starting point for the burglaries was too high, as was the uplift for other dishonesty offending, and the discounts for personal factors were too low, meaning that overall, the sentence was manifestly excessive. Mr Bourke also seeks an adjournment of the hearing of his appeal, to permit him to engage in rehabilitation.
[3] The Crown opposes the appeal, submitting that the overall sentence imposed was within range and not manifestly excessive, and the Judge did not err in his assessment of the appellant’s rehabilitative prospects.
[4] For the reasons that follow, the appeal and the application for an adjournment are dismissed.
The offending
[5] Mr Bourke’s offending occurred over a month-long period between 18 July and 23 August 2023.
[6] On 18 July 2023, Mr Bourke took a Subaru vehicle and broke into the Hunting & Fishing premises in Taupō at 7:30 am. Mr Bourke was accompanied by an associate, no property was taken, and the Subaru was found abandoned after the offending. Later that day Mr Bourke took a Mazda vehicle from a property in Taupō. At about 9:30 pm Mr Bourke and his…
Continue reading Bourke v Police
Sign in free to access the full text
- AGLC
- Bourke v Police [2024] NZHC 3748
- Case
- [2024] NZHC 3748
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.