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Buchanan v Police

Buchanan v Police

Case [2024] NZHC 3983 20 December 2024

Addiction as Mitigating Factor

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IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2024-454-40

[2024] NZHC 3983

BETWEEN
DYLAN BRUCE BUCHANAN

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 18 December 2024 (via VMR)

Counsel:

D Davies for Appellant

G M Stone for Respondent

Judgment:

20 December 2024

JUDGMENT OF McQUEEN J

[1] The appellant, Mr Dylan Buchanan, was sentenced on 17 October 2024 in the Palmerston North District Court to two years and five and a half months’ imprisonment.1 He was sentenced on the following charges:

(a)attempted burglary;2

(b)failing to stop following a non-injury accident;3

(c)burglary (x six);4

(d)possession of a methamphetamine pipe;5

1      New Zealand Police v Buchanan [2024] NZDC 25485.
2      Crimes Act 1961, s 231(1)(a); s 72. Maximum penalty 10 years’ imprisonment.
3      Land Transport Act 1998, s 35(1)(c).
4      Crimes Act, s 231(1)(a). Maximum penalty 10 years’ imprisonment.
5      Misuse of Drugs Act 1975, ss 13(1)(a) and (3).

BUCHANAN v NZ POLICE [2024] NZHC 3983 [20 December 2024]

(e)possession of a cannabis utensil;6

(f)possession of ammunition;7

(g)possession of a firearm;8 and

(h)possession of a class C controlled drug.9

The offending

[2] The first burglary offence occurred between 17 and 19 April 2024. Mr Buchanan entered the Fielding property where his mother and step-father lived. He retrieved the keys to the gun cabinet in the garage and emptied the gun cabinet of six firearms including a Remington 7mm 783 rifle, a Poseidon shogun, a Castellani shotgun, a Howa 308 rifle, an Eternal 5 shot shogun, a Ruger .22 rifle with scope, 45 rounds of 308 ammunition, 480 rounds of .22 ammunition, 70 shotgun shells and 24 rounds of 7mm ammunition.

[3] On 17 April 2024, the defendant crashed into a vehicle parked on the side of the road, causing it to shunt forwards 10 to 15 metres. He continued driving, giving rise to the charge of failing to stop.

[4] Between the 27 and 28 April 2024, Mr Buchanan committed a further five burglaries and one attempted burglary. On 27 April 2024 Mr Buchanan and an associate committed two burglaries at Subway in Bulls. In both of these burglaries, drinks and other items were taken, including a till containing $800 in cash. Later that day Mr Buchanan attempted to enter the Bulls Bakery Café by putting a drum below a window and trying to pull it open. This gave rise to the attempted burglary charge. On 28 April 2024, Mr Buchanan entered BJW Motors and took various tools and scanners. When confronted by a neighbour, there was a scuffle with Mr Buchanan. Also on 28 April 2024, he entered Marton Printery through an unlocked door and stole a key. The same day he entered the yard of Bridgestone Tyres Marton, and cut the

6      Misuse of Drugs Act, ss 13(1)(a) and (3). Maximum penalty one years’ imprisonment, $500 fine.
7      Arms Act 1983, s 22B. Maximum penalty $10,000 fine.
8      Arms Act, s 45(1). Maximum penalty four years’ imprisonment, $5,000 fine.

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Buchanan v Police

Details

AGLC: Buchanan v Police [2024] NZHC 3983
Case: [2024] NZHC 3983
Decision Date: 20 December 2024

CaseChat Overview and Summary

Dylan Buchanan appeals against his sentence of two years and five and a half months’ imprisonment imposed by the Palmerston North District Court. The appellant was convicted of multiple charges, including attempted burglary, failing to stop following a non-injury accident, multiple instances of burglary, and possession of various prohibited items. Buchanan argues that the sentence is manifestly excessive and disproportionate. The appeal hinges on whether the starting point for the residential burglary was too high, whether the uplifts applied were in error, and whether greater discounts should have been awarded for personal factors, particularly the causal link between his methamphetamine addiction and his offending.

The Court first examines whether there was an error in setting the starting point for the residential burglary. The Judge identified several aggravating factors, including the breach of trust, the pre-meditated targeting of firearms, and the fact that firearms were stolen. The Court finds that while the starting point of three and a half years’ imprisonment may be at the upper level of the range available, it is not in error given the significant aggravating factors. The Court also finds that the uplifts applied, particularly for the possession of a firearm and ammunition, were not in error and were appropriately adjusted for totality.

The Court then considers whether the Judge erred in assessing the personal mitigating factors available to the appellant. The Judge awarded a 15 per cent discount for youth and a 10 per cent discount for efforts to do better for himself, but did not award a separate discount for the causal link between Mr Buchanan’s methamphetamine addiction and his offending. The Court holds that it was an error not to award a further discount for the causative link between addiction and the offending, and grants a 10 per cent discount accordingly.

Considering the sentence in the round, the Court finds that the sentence of two years and five and a half months’ imprisonment was manifestly excessive. The effect of the additional 10 per cent discount results in an overall revised sentence of 23 months’ imprisonment. As this is a short term sentence, the Court is required to consider a sentence of home detention. The Court finds that home detention is appropriate given Mr Buchanan’s limited criminal history, his young age, his motivation to engage in rehabilitative efforts, and the supportive environment provided by his family. The sentence of imprisonment is commuted to 11 and a half months’ home detention, reduced by seven months to account for time spent in custody, resulting in a final sentence of four and a half months’ home detention.

The appeal is allowed. The sentence of imprisonment is set aside and substituted with a sentence of four and a half months’ home detention, with special conditions for home detention and post-release imposed. The orders for reparation and disqualification from holding a licence remain in place.

Orders