C v Police HC Tauranga CRI-2007-470-32

[2007] NZHC 1204

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI-2007-470-32
CRI-2007-470-34

CRI-2007-470-35

C

Appellant

v

NEW ZEALAND POLICE

Respondent

Hearing:         6 November 2007 (Heard at ROTORUA)

Appearances: Mr C   in person

Ms C A Harold for respondent

Judgment:      6 November 2007

(ORAL) JUDGMENT OF LANG J

[on appeal against conviction and sentence]

Solicitors:

Mr F J C  , 21 Old Quarry Road, Selwyn Heights, Rotorua

Crown Solicitor, Tauranga

C V NZ POLICE HC TAU CRI-2007-470-32  6 November 2007

[1]      Mr C   pleaded guilty in the District Court to one charge of theft, one charge of breach of District Court bail and two charges arising out of the use of a telephone in circumstances where profane and/or threatening language was used. The theft charge related to a bottle of wine worth approximately $20.

[2]      At the request of Mr C  ’s counsel the Judge imposed an effective sentence of 200 hours community work.    Mr C   now appeals against that sentence  on  the  basis  that  it  was  manifestly  excessive.      During  submissions, however, he refined his argument.   He told me that he is currently paying existing fines of approximately $4,300 off by way of weekly deductions by way of $45 from his benefit.   In addition, he is in the process of securing a job and hopes to be able to increase those payments.

[3]      In those circumstances he urges me to take a different course than that which he asked the Judge in the District Court to take.   He asks that, rather than a sentence of community work which is likely to interfere with his new job, a fine be imposed upon him instead.

[4]      Although I am satisfied that the sentence that the Judge imposed was entirely appropriate,  I am  prepared  to  accede  to  Mr  C  ’s  request  so  that  he  can continue with his efforts to find meaningful employment.    On that basis I quash each of the sentences that was imposed on Mr C   in the District Court.    In their place I impose a fine of $500 on each of the charges relating to the use of a telephone.   I impose a fine of $100 on each of the other two charges.   In addition, Mr C   is ordered to pay Court costs of $130 in respect of the two charges relating to the use of a telephone.

[5]      The appeal is allowed on that basis.

Lang J