IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CRI-2023-485-80
[2023] NZHC 2486
BETWEEN RICKY CHAMBERS-MICKIE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 18 December 2023 Appearances:
C J Nicholls for Appellant M K Story for Respondent
Judgment:
18 December 2023
JUDGMENT OF COOKE J
(Sentence appeal)
[1] Mr Ricky Chambers-Mickie (the appellant) was sentenced on 1 December 2023 by Judge Mika in the Hutt Valley District Court to 10 months and two weeks’ home detention on the following charges to which he pleaded guilty:1
(a)one charge of possession of an offensive weapon;2
(b)one charge of possession of a knife;3
(c)11 charges of theft (under $500);4 and
1 Police v Chambers-Mickie [2023] NZDC 27855.
2 Crimes Act 1961, s 202A(4)(a); maximum penalty three years’ imprisonment.
3 Summary Offences Act 1981, s 13A; maximum penalty three months’ imprisonment or a $2,000 fine.
4 Crimes Act 1961, ss 219 and 223(d); maximum penalty three months’ imprisonment.
CHAMBERS-MICKIE v NEW ZEALAND POLICE [2023] NZHC 2486 [18 December 2023]
(d)one charge of theft (over $1,000).5
[2] Mr Chambers-Mickie appeals his sentence, saying that the starting point adopted by the District Court Judge was too high, thereby making the end sentence manifestly excessive.
Background
[3] Between 26 March and 23 April Mr Chambers-Mickie engaged in a series of shoplifting style offences. This included eight occasions where he put petrol in his car or a jerry can without paying with the amounts involved between $5.67 and $89.99. There were then three further thefts of grocery items from Pak n Save Petone, and one theft from The Warehouse in Petone involving goods valued between $120 and $350. Further, on 10 April 2023, Mr Chambers-Mickie went to Briscoes Petone, uplifted an “Alpaca Duvet Inner and a Karcher Window Vac”, collectively valued at $1,034.98. Mr Chambers-Mickie left the store without paying, giving rise to the charge of theft (over $1000).
[4] On 25 April 2023, the Police stopped Mr Chambers-Mickie in relation to an unrelated matter on Molesworth Street, Wellington. The Police arrested Mr Chambers-Mickie. At that time, the Police found a green kitchen knife, a metal carabiner containing a fold out blade, and a homemade bayonet. This gave rise to the charges of possession of an offensive weapon, and possession of a knife.
[5] Mr Chambers-Mickie has a significant criminal history, involving a large number of previous convictions for dishonesty offending, many of which have been committed while Mr Chambers-Mickie was on bail. His history includes more serious property offences such as burglary, as well as family violence offending, drug offending, and driving offending. Specifically, Mr Chambers-Mickie has a total of 127 convictions since 2000, 88 of which are for or relate to dishonesty offending.
[6] When interviewed for the pre-sentence report Mr Chambers-Mickie accepted the summary of facts, and said that he was stealing food and petrol because he was
5 Sections 219 and 223(b); maximum penalty seven years’ imprisonment.
short of money and had no accommodation. He…
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- Case
- [2023] NZHC 2486
- Decision Date
CaseChat Overview and Summary
The Court determined that the starting point of two years' imprisonment was too high, especially considering the maximum penalty for the most serious offence was three years. The Court found that a starting point of 14 months' imprisonment was more appropriate, considering the value of the stolen items and the appellant's extensive criminal history. The Court also applied discounts for the guilty plea and personal circumstances, resulting in a sentence of nine months' imprisonment, which was converted to four months and two weeks' home detention, increased to five months and two weeks' due to the remission of fines.
The High Court concluded that the original sentence was manifestly excessive and substituted a sentence of five months and two weeks' home detention, aligning with the appropriate starting point and discount factors. The appeal was allowed, and the revised sentence was imposed.
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