IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2017-404-061 [2017] NZHC 632
BETWEEN MARK BROWN
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 4 April 2017 Appearances:
P Tomlinson for Appellant
T Clark for RespondentJudgment:
4 April 2017
ORAL JUDGMENT OF TOOGOOD J
Brown v NZ Police [2017] NZHC 632 [4 April 2017]
Introduction
[1] On 6 March 2017, Mark Brown pleaded guilty to, and was sentenced by
Judge G A Fraser on:
(a) One charge of burglary,1 committed on or about 8 October 2016, for which the end sentence was three years' imprisonment;
(b) One charge of male assaults female,2 committed on or about
22 March 2016 for which the end sentence was 3 months’
imprisonment; and
(c) One charge of breach of bail,3 committed on or about 2 May 2016 for
which the end sentence was 1 month’s imprisonment.
The sentences are to be served concurrently.
[2] Mr Brown now appeals on the grounds that the total effective sentence was manifestly excessive.
Factual background
Burglary
[3] At around 7.30am on Saturday 8 October 2016, the burglary victim locked and secured her home address on Yarborough Street, St Mary’s Bay. She gave no one, and certainly not Mr Brown, permission to enter the house. Sometime between
7.30am on Saturday 8 October and 3.40pm on Monday 10 October 2016, Mr Brown entered the address by climbing onto the second storey of the dwelling and gained entry through the main bedroom. He jemmied open the window using a tool of some
unknown description and, once inside, ransacked the house. He stole a large
1 Crimes Act 1961, s 231; maximum penalty 10 years’ imprisonment.
2 Crimes Act, s 194(b); maximum penalty 2 years’ imprisonment.
3 Bail Act 2000, s 38(a); maximum penalty 1 year imprisonment, or $2000.00 fine.
quantity of personal belongings valued in total at $7,358.98. This property has never been recovered. The damage to the dwelling and fittings cost $7,710.00 to repair.
[4] Mr Brown accepts that this was a domestic burglary which occurred at night. Nobody was present at the time. The victim impact statement indicates that the gross intrusion into her home has had a serious psychological impact on the victim. The violation of her privacy, aggravated by the strewing of her underwear throughout the house, has left her feeling unsafe and anxious in her own home.
Male assaults female
[5] Mr Brown had been in a domestic relationship with the assault complainant for around six months. When an argument occurred between them in March 2016, he punched her in the right cheek with a closed fist and then grabbed her by the shoulders, shaking her violently. Subsequently, Mr Brown tried to pull the complainant from a vehicle, as the police arrived. Mr Brown was on bail for this offence when he committed the burglary in October 2016.
Breach of bail
[6] On 2 May 2016, Mr Brown, having been released on bail, failed without reasonable excuse to attend the Court as specified in the bail…
Continue reading Brown v Police
Sign in free to access the full text
- AGLC
- Brown v Police [2017] NZHC 632
- Case
- [2017] NZHC 632
- Decision Date
CaseChat Overview and Summary
The final orders of the court were to dismiss the appeal and uphold the sentence imposed by the District Court. The three-year sentence for burglary, three-month sentence for male assaults female, and one-month sentence for breach of bail, to be served concurrently, remained in place.
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.