Broadbent v Police

[2025] NZHC 1986

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CRI-2025-425-035, 036

[2025] NZHC 1986

BETWEEN

GARY RAYMOND BROADBENT

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	17 July 2025
Appearances:	G R Broadbent self-representing (via AVL) M B Brownlie for Respondent (via AVL)
Judgment:	17 July 2025

ORAL JUDGMENT OF EATON J

(appeal against sentence)

[1]                 Gary Raymond Broadbent had filed an appeal against a sentence of 16 months’ imprisonment imposed by Judge Williams sitting in the Invercargill District Court on 18 March 2025 following his guilty pleas to three charges of burglary1 and one of theft.2

[2]                 Mr Broadbent was represented by counsel at sentencing. He is self-representing on appeal.

[3]                 Mr Broadbent appeared this morning by AVL from the Invercargill Prison in an appeals list callover. I have had a discussion with Mr Broadbent about the nature of his appeal following his indication that he did not wish to challenge his sentence. Mr Broadbent is clear that he has no regrets about pleading guilty and does not

1      Crimes Act 1961, s 231(1)(a); maximum penalty 10 years’ imprisonment.

2      Sections 219 and 223(d); maximum penalty three months’ imprisonment.

BROADBENT v POLICE [2025] NZHC 1986 [17 July 2025]

challenge his conviction. He is adamant that he has no issue with the sentence and has a release date in September this year.

[4]                 Mr Broadbent is unhappy about aspects of his legal representation in the District Court. He says there was information about his circumstances that he wanted the Judge to know about but that the lawyer did not investigate or put before the Judge.

[5]                 Notwithstanding, Mr Broadbent does not suggest that his sentence would have been reduced if the Judge had known about that material. He thinks his assigned counsel let him down in not carrying out further investigations.

[6]                 Mr Broadbent tells me he has written a letter of complaint to Legal Aid. He may also write directly to the lawyer to record his concerns. I sense Mr Broadbent would appreciate an explanation as to the steps taken by his counsel.

[7]                 Mr Broadbent has taken a very realistic view that in the circumstances as he has described to me, there is no point in pursuing his appeal and he indicated he is happy to abandon the appeal. The appeal is dismissed.

...................................................

Eaton J

Solicitors:
Crown Solicitors, Invercargill

Copy to:

G R Broadbent