IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2021-488-000060
[2022] NZHC 476
BETWEEN JACOB CARL BRACEY
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 9 March 2022 Appearances:
S J Ross for the Appellant S-L Litt for the Respondent
Judgment:
16 March 2022
JUDGMENT OF GORDON J
This judgment is delivered by me on 16 March 2022 at 11am pursuant to r 11.5 of the High Court Rules.
.....................................................
Registrar / Deputy Registrar
Counsel/Solicitors:
Stephen Ross, Barrister, Whangarei Crown Solicitor, Whangarei
BRACEY v NEW ZEALAND POLICE [2022] NZHC 476 [16 March 2022]
Introduction
[1] The appellant Jacob Bracey pleaded guilty in the District Court at Whangarei to a range of property offences, the most serious being two burglary charges. Judge Orchard sentenced him to 10 months’ home detention, six-months’ suspension of his driver’s licence, and monetary reparations for the fuel he stole.1
[2]He appeals this sentence on the basis that:
(a)the starting point was too high;
(b)the discount for his youth was insufficient; and
(c)the sentencing Judge did not have full information regarding his background, particularly in relation to a Psychological Assessment previously undertaken when he appeared in the Youth Court.
Factual Background
[3]Mr Bracey’s offences were committed between February and August 2021.
[4] The first was a burglary of a residential property on 22 February 2021.2 The owner of the property and the appellant are known to each other. The appellant stole a BMW from the garage under the house and after visiting two premises in Whangarei, travelled south to Auckland. The car was later recovered. Mr Bracey had just turned 18 at this time.
[5] The second and third charges of theft were in relation to fuel drive-offs.3 Mr Bracey went to a petrol station, filled up his car, and left without paying on two occasions. The first fuel drive-off was committed on 6 May 2021 while he was driving when his licence was suspended.4 The second, on 27 June 2021, was while he was on bail.
1 New Zealand Police v Bracey [2021] NZDC 22504.
2 Crimes Act 1961, s 231(1)(a).
3 Crimes Act 1961, ss 219 and 223(d).
4 Land Transport Act 1998, ss 32(1)(c) and 32(3).
[6] The fourth and fifth offences occurred in relation to one incident on 4 August 2021. Mr Bracey’s vehicle had been repaired by a vehicle mechanic and was on the mechanic’s premises. Mr Bracey broke in by cutting the fence and stole the vehicle. He was charged with being unlawfully in an enclosed yard5 and intentional damage,6 both of which carry a maximum penalty of three months’ imprisonment.
[7] Two days later, on 6 August 2021, Mr Bracey committed the second burglary.7 He broke into a company’s premises in West Auckland and stole a boat, fishing gear and other equipment as well as some containers of petrol and diesel, which he had filled from pumps on the company’s property. The police stopped Mr Bracey near Whangarei as he was towing the…
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