Cadle v Police - [2017] NZHC 3042

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2017-409-000139 [2017] NZHC 3042

BETWEEN
DAVID WILLIAM CADLE

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 7 December 2017

Appearances:

Appellant Appears in Person
P A Norman for Respondent

Judgment:

8 December 2017

JUDGMENT OF GENDALL J

CADLE v NEW ZEALAND POLICE [2017] NZHC 3042 [8 December 2017]

Introduction

[1] The appellant was sentenced in the District Court at Christchurch by

Judge Callaghan on 11 October 2017 on a range of charges that started in December

2016 involving dangerous driving and failing to stop and then possession of cannabis and methamphetamine on 1 February 2017. After appearances in Court and being on bail on all those charges, the appellant committed further offences involving driving while suspended and possession of an offensive weapon on 5 June 2017 and driving while suspended again on 7 July 2017 and 31 July 2017.

[2] Turning now to the detail of those events, on the first occasion, on

20 December 2016, the appellant, who was then subject to sentence on earlier charges, was observed avoiding a police checkpoint. He was seen driving dangerously by accelerating and driving up the wrong side of the road and into a parking area which was busy with Christmas pedestrian traffic. He also failed to stop for blue and red lights once police began to pursue him. He managed to elude police that day.

[3] On the second of these occasions, on 1 February 2017, the appellant was located and arrested by police pursuant to a warrant for his arrest. At that time, he was also found in possession of small quantities of both cannabis and methamphetamine, and was charged accordingly.

[4] The appellant was suspended from driving for three months on 4 May 2017 in respect of those earlier charges.

[5] Shortly thereafter, on the three later occasions (5 June, 7 July and 31 July 2017) he drove whilst subject to this suspension. On the first of these occasions, the appellant was apprehended with a large machete in his vehicle, which resulted in the charge of possession of an offensive weapon.

[6] Some of the offending relating to the early charges before 26 March 2017 it seems was committed whilst the appellant was on parole, and other offending occurred whilst he was on remand.

[7] The appellant was sentenced in the District Court at Christchurch by Judge Callaghan on 11 October 2017 to a total of 16 months’ imprisonment, and disqualified from driving for 15 months, on all these charges.1

[8] The appellant appeals against this sentence on the basis that it is manifestly excessive.

Principles on appeal

[9] Appeals against sentence are brought under s 244 of the Criminal Procedure Act 2011, and must be determined in accordance with s 250 of that Act. Specifically, this Court may only allow an appeal against sentence if it is satisfied that there has been an error in the imposition of the sentence, and that…

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 Cadle v Police

Details

AGLC: Cadle v Police [2017] NZHC 3042
Case: [2017] NZHC 3042
Decision Date: 8 December 2017

CaseChat Overview and Summary

In the High Court of New Zealand, David William Cadle appealed against his sentence in Christchurch Registry. Cadle was sentenced by Judge Callaghan on 11 October 2017, to a total of 16 months’ imprisonment and disqualified from driving for 15 months. Cadle’s appeal was that the sentence was manifestly excessive. The court considered whether the sentence imposed was within the range that could be properly justified by accepted sentencing principles. The court found that the cumulative sentences for different kinds of offending were justified, and the sentence was not manifestly excessive. The court also found that the uplift for the appellant's previous convictions and the discount for his guilty pleas were appropriate. The appeal was dismissed.

Orders