| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA47/2017 [2017] NZCA 615 |
| BETWEEN | DENNIS EDWARD BULLEN |
| AND | THE QUEEN |
| CA385/2017 | |
| BETWEEN | LYNNE AMANDA JACKSON |
| AND | THE QUEEN |
| Hearing: | 14 November 2017 |
Court: | Brown, Courtney and Toogood JJ |
Counsel: | R M Gould for Appellant Bullen |
Judgment: | 19 December 2017 at 3.30 pm |
JUDGMENT OF THE COURT
AThe application for an extension of time to file the notice of appeal in CA385/2017 is granted.
BThe application to adduce further evidence on appeal in CA47/2017 is granted.
CThe appeals against sentence are allowed.
DThe sentence of five years and nine months’ imprisonment imposed on Dennis Edward Bullen for aggravated robbery is quashed and a sentence of four years and two months’ imprisonment substituted.
EThe sentence of five years and six months’ imprisonment imposed on Lynne Amanda Jackson for aggravated robbery is quashed and a sentence of four years and three months’ imprisonment substituted.
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REASONS OF THE COURT
(Given by Courtney J)
Introduction
The appellants, Dennis Bullen and Lynne Jackson, were convicted following a jury trial in the District Court at Blenheim on charges of aggravated robbery and aggravated injuring.[1] At sentencing Judge Zohrab took the same starting point of five years and nine months’ imprisonment for both appellants.[2] Seeing little reason to move from this starting point, the Judge sentenced Mr Bullen to five years and nine months’ imprisonment and Ms Jackson to five years and six months’ imprisonment, the modest difference attributable to Ms Jackson’s time spent on electronically monitored bail.[3] Mr Bullen was also ordered to pay $1000 emotional harm reparation.
[1]As well as some minor drugs charges.
[2]R v Jackson [2017] NZDC 185.
[3]Concurrent sentences of one years’ imprisonment for the aggravated injuring charge and one months’ imprisonment for the drugs charges were also imposed on Mr Bullen and Ms Jackson.
Mr Bullen and Ms Jackson appeal their sentences. Both say that the starting point was too high, resulting in manifestly excessive sentences. In addition:
(a)Ms Jackson says that the Judge fixed the starting point for her in reliance on factual findings that were not available on the evidence, and did not take into account the limited role she played in the violence suffered by the complainant; and
(b)Mr Bullen says that the Judge erred in failing to give any discount in recognition of his remorse and his offer of $1,000 to the complainant’s family for emotional harm.
Ms Jackson was out of time to bring her appeal and sought an extension of time to do so. As the delay is explained by Ms Jackson’s difficulties in obtaining legal representation and there was no objection by the Crown, we grant the application for an extension of time to file the notice of appeal.
The offending
The complainant, Colin Farrell, was a 60 year old decorator and plasterer who also dealt in drugs. He was suffering from Chronic Obstructive Pulmonary Disease for which…
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- AGLC
- Bullen v The Queen [2017] NZCA 615
- Case
- [2017] NZCA 615
- Decision Date
CaseChat Overview and Summary
The Court found that the starting point of five years and nine months was too high given the nature of the offending. Although the crime involved planning and violence, the Court considered it more akin to Tecofsky v Police, which had a starting point of three years. The Court decided that a starting point of four and a half years would be more appropriate. Regarding remorse, the Court acknowledged that Dennis Bullen's offer of $1,000 to the victim's family was a genuine expression of remorse, which should have warranted a discount. The Court allowed a discount of four months from the starting point for Bullen, resulting in a sentence of four years and two months. For Jackson, the same reduction was applied, resulting in a sentence of four years and three months.
The Court granted the extension of time for Jackson to file the notice of appeal and allowed Bullen to adduce further evidence on appeal. The appeals against sentence were allowed, and the sentences were reduced as specified.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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