| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA667/2021 [2022] NZCA 147 |
| BETWEEN | MICHAEL JOHN BREWSTER |
| AND | THE QUEEN |
| Hearing: | 24 March 2022 |
Court: | Goddard, Simon France and Hinton JJ |
Counsel: | E J Forster for Appellant |
Judgment: | 28 April 2022 at 11.30 am |
JUDGMENT OF THE COURT
The appeal against sentence is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Simon France J)
Mr Brewster was convicted following a jury trial of burglary and breach of a trespass warning. The premises in question were the home of his former partner. The incident occurred not long after separation. Mr Brewster entered at night through a window and showed himself to her in her bedroom. The jury was directed it had to be sure that when Mr Brewster entered the house:
… he intended to threaten the occupant by intimidating or annoying her.
A conviction appeal was filed but was subsequently abandoned. The sentence imposed by Judge Krebs of seven months’ home detention is the subject of appeal.[1]
Facts
[1]R v Brewster [2021] NZDC 20203.
The following extract from the sentencing notes adequately captures the facts:
[2] [Mr Brewster] and the victim had been in a relationship but have separated. There are ongoing and protracted Family Court disputes. A trespass notice has been served by the victim on the defendant. That was breached by the defendant on the night in question. He gained entry through a window at the back of the victim’s property. The victim was in bed at the time and was disturbed by the sound of the defendant coming into her property. He moved around between rooms and eventually was in a position where she was able to see him. He did not do anything in particular other than to stare at her while she remained in bed.
The Judge drew the inference that Mr Brewster was intent on demonstrating his ability and willingness to disregard the trespass warning. It is noted that the victim was traumatised by the event.
The appellant
Mr Brewster was 46 years old at the time of sentencing. He has minor convictions dating back to his youth. At the time of sentencing he maintained his denials of the offending, the defence having been that he did not enter the house on the night.
Mr Brewster has a medical condition which at the time of sentencing required him to be in a wheelchair. He is in a new relationship and is engaged to his partner. As the sentence being appealed indicates, he proffered a suitable address and was himself assessed as suitable for an electronically monitored sentence if that was an option.
Sentencing
The Judge identified the aggravating features as being that it was a residential burglary carried out at night. The fact that it was in breach of a trespass notice, and designed to intimidate were also aggravating factors, requiring a starting point for both offences…
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- Brewster v The the Queen [2022] NZCA 147
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- [2022] NZCA 147
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