Closey v Police

[2020] NZHC 990

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2020-404-74

[2020] NZHC 990

BETWEEN

MATTHEW CLOSEY

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	11 May 2020
Appearances:	N Soondram for the Appellant J A Herring for the Respondent
Judgment:	14 May 2020

JUDGMENT OF GORDON J

This judgment was delivered by me on 14 May 2020 at 2 pm

Registrar/Deputy Registrar Date:

Solicitors:           Crown Solicitor, Auckland Counsel:  N Soondram, Auckland

CLOSEY v POLICE [2020] NZHC 990 [14 May 2020]

Introduction

[1]    The appellant, Matthew Closey, appeals a sentence of six months’ home detention imposed by Judge Fraser in the Auckland District Court on 28 February 2020.1

[2]    The sole ground of appeal is that the sentencing Judge failed to take into account the period of three months that Mr Closey had spent in custody on remand prior to sentence when determining the appropriate length of the sentence of home detention. No issue is taken with the starting point or how the original end sentence of 12 months’ imprisonment was reached (which was then commuted to six months’ home detention).

[3]    The respondent’s position is that the sentence is not manifestly excessive. There was no error in the Judge’s approach, the starting point was within the available range, and the overall discounts given were appropriate in the circumstances.

Background

[4]    In November 2016, a final protection order was issued in favour of the victim against Mr Closey. The charges arise from two separate incidents. At the time of the offending Mr Closey was aged 25 years.

[5]    First, in July 2019, the victim arrived at her home address around midday where she found Mr Closey inside her house intoxicated and drinking vodka. The summary of facts records that the victim had allowed Mr Closey to stay at her place from time to time. But it is not suggested that he had been invited to enter on this occasion. The victim attempted to remove the vodka from Mr Closey. Ultimately she helped him into bed and left the house. She returned some five hours later and found Mr Closey still in bed. He demanded more alcohol and cigarettes. At that time he began hitting the wall in the bedroom causing it to become damaged. In an attempt to calm Mr Closey down the victim agreed to his demands and went out and purchased alcohol and cigarettes.

1      Police v Closey [2020] NZDC 3630 (Sentencing Notes).

[6]    She then advised him she wanted him to leave the house. He began yelling loudly for her to help him. She allowed him to remain but in the early hours of the next morning called for assistance from family members. On their arrival he calmed down so the victim thought she would be safe if the family members left. A few hours later Mr Closey began verbally abusing the victim and became angry, punching walls in the bedrooms and kitchen. The victim called the police.

[7]    The…