IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2024-416-21
[2024] NZHC 3994
BETWEEN LANCE BUTLER
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 17 December 2024 Counsel:
A M Simperingham for Appellant D W Walker for Respondent
Judgment:
20 December 2024
JUDGMENT OF McQUEEN J
[1] Mr Lance Butler appeals his sentence of one year and one month’s imprisonment (with concurrent sentences totalling eight months’ imprisonment) in respect of:
(a)one count of theft of an animal (over $1,000);1
(b)one count of unlawfully taking a motor vehicle;2 and
(c)two counts of failure to answer District Court bail.3
1 Crimes Act 1961, ss 221 and 223(b): maximum penalty seven years’ imprisonment.
2 Section 226(1): maximum penalty seven years’ imprisonment.
3 Bail Act 2000, s 38: maximum penalty one year imprisonment or a fine not exceeding $2,000.
BUTLER v NZ POLICE [2024] NZHC 3994 [20 December 2024]
The offending
Unlawful taking of the motor vehicle
[2] On 15 November 2023 at about 9.00 am Mr Butler parked his vehicle across the road from the victim’s address in Ruatōria. Mr Butler approached the workshop part of the address, entered the sleepout area, and picked up the keys to the victim’s vehicle. Mr Butler drove the vehicle away from the address. Mr Butler returned to the address later with an associate, intending to recover his vehicle from outside the address. A friend of the victim stopped Mr Butler and his associate and took Mr Butler’s keys. The vehicle was later recovered from a barn where Mr Butler and his associate had advised it was located.
Theft of the animal
[3] Mr Butler was charged with two co-offenders, Hira Wharepapa and Phillip Roberts.
[4] On 21 November 2023 at about 2.00 pm Mr Butler and Mr Wharepapa went to Mr Roberts’ home address. There, Mr Butler and Mr Wharepapa asked him to help them kill a cattle beast using his partner’s rifle (a .243 calibre Ruger M77 bolt action rifle).
[5] The three offenders and Mr Roberts’ partner travelled to a rural property in Ruatōria. Mr Wharepapa drove the vehicle into a paddock. They located a cattle beast and shot the animal twice. It survived the first two shots, walking off to the side of the paddock, before the offenders shot it again, which was fatal. The Police arrived to find the offenders butchering the animal.
Failure to answer bail
[6] The two charges for failure to answer District Court bail arose from Mr Butler failing without reasonable excuse to attend the Ruatōria District Court as specified in the notice of bail.
[7] The first offence occurred on 31 January 2024; Mr Butler having been released on bail on 26 January 2024. The second offence occurred on 14 August 2024; Mr Butler having been released on bail on 12 June 2024.
Decision under appeal
[8] On 17 October 2024 Judge Couch in the Gisborne District Court observed that although the theft and the taking of a motor vehicle…
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- Case
- [2024] NZHC 3994
- Decision Date
CaseChat Overview and Summary
The appeal is dismissed in all respects except for the reparation amount, which is corrected to $732. The sentence of one year and one month’s imprisonment, with concurrent sentences for the other charges, is confirmed.
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