IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2021-488-005
[2021] NZHC 873
BETWEEN JEFFERY CASSIDY
Appellant
AND
THE QUEEN
Respondent
Hearing: 22 April 2021 Counsel:
M R Ridgley for appellant S T Patia for respondent
Judgment:
22 April 2021
ORAL JUDGMENT OF TOOGOOD J
Solicitors:
Thomson Wilson, Whangarei Crown Solicitor, Whangarei
CASSIDY v R [2021] NZHC 873 [22 April 2021]
[1] Jeffery Cassidy appeals against the sentence of seven years’ imprisonment imposed by Judge McDonald in the District Court at Whangarei on 21 December 2020 in relation to five charges for offending that occurred on 2 September 2020 and to which he pleaded guilty on 28 September 2020:1
(a)two charges of using a firearm against a member of the Police acting in the course of their duty knowing that person was a member of the Police;2
(b)one charge of driving in a manner which might have been dangerous to the public;3
(c)one charge of driving a motor vehicle with excess breath alcohol; and4
(d)one charge of failing to stop when required.5
[2] The Judge also ruled on an application for a review of sentence. He granted the review and cancelled a sentence of community work that had been imposed on Mr Cassidy for prior offending.
[3]The two key issues on the appeal are:
(a)whether the Judge adopted too high a start point (10 years’ imprisonment) on the charges of using a firearm against Police; and
(b)whether the Judge gave too small a discount for matters relevant to s 27 of the Sentencing Act 2002.
1 R v Cassidy [2020] NZDC 26795.
2 Crimes Act 1961, s 198A(1), maximum period of imprisonment: 14 years.
3 Land Transport Act 1998, s 35(1)(b), maximum period of imprisonment: three months or a fine not exceeding $4500, the court must also order the person be disqualified from holding or obtaining a driver’s licence for 6 months or more.
4 Land Transport Act 1998, s 56(1), maximum period of imprisonment: three months or a fine not exceeding $4500, the court must also order the person be disqualified from holding or obtaining a driver’s licence for six months or more.
5 Land Transport Act 1998, s 114(2); Land Transport Act 1998, s 52A(1)(a)(ii), 52A(3), 52A(6) and 114(2). Maximum penalty: fine of $10,000 and the court must order the person to be disqualified from holding or obtaining a driver licence for six months.
Facts
[4] The facts are that at approximately 11.34 pm on 2 September 2020, Mr Cassidy was driving a motor vehicle on Kiripaka Road, Whangarei. Accompanying him in the passenger seat of the vehicle was an alleged co-offender.
[5] The vehicle driven by Mr Cassidy was seen by a Police patrol travelling at excessive speed. The Police patrol vehicle was crewed by two Police constables who activated their red and blue lights and siren in an attempt to stop the vehicle. Mr Cassidy did not stop the vehicle and continued to drive.
[6] Nearby to an…
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