BROOKING v The Queen

[2005] NZSC 28

IN THE SUPREME COURT OF NEW ZEALAND

SC 16/2005
[2005] NZSC 28

BENJAMIN TURREI BROOKING

v

THE QUEEN

Court:Gault J and Blanchard J

Counsel:V C Nisbet for Applicant

N M Crutchley for Respondent

Judgment:31 May 2005 

JUDGMENT OF THE COURT

A.THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED.

REASONS

[1]       The application for leave to appeal against a judgment of the Court of Appeal increasing a sentence of imprisonment from six years to eight years nine months for a series of residential burglaries and other offending, including aggravated assault and assault on a female, committed by a recidivist offender raises no question of principle nor is there any appearance of a miscarriage of justice in the substituted sentence.  It was open to the Court of Appeal to increase the sentence as it did on an appeal by the Solicitor-General in accordance with normal principles.

[2]       The application is without merit and must be refused.

Solicitors:
Crown Law Office, Wellington