IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CRI-2018-463-000028/29
[2018] NZHC 1405
BETWEEN JARED SHAINE COLE
Appellant
AND
THE QUEEN
Respondent
Hearing: 12 June 2018 Appearances:
N Dutch for the Appellant
S J P Davison and E F Collis for the Respondent
Judgment:
13 June 2018
JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie On 13 June 2018 at 3.00pm
Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar
Date:…………………………
Solicitors/counsel:
Webby & Associates, Tauranga Crown Solicitor, Tauranga
COLE v R [2018] NZHC 1405 [13 June 2018]
Introduction
[1] The appellant, Jared Cole, has pleaded guilty to a range of offences. Details are as follows:
(a)Offending on 28/29 September 2017:
(i)Breach of supervision order;1 and
(ii)Breach of a community work order.2
(b)Offending on 17 November 2017:
(i)Driving whilst disqualified (third or subsequent offence);3 and
(ii)Providing false details.4
(c)Offending on 19 November 2017:
(i)Driving whilst disqualified (third or subsequent offence);5 and
(ii)Providing false details.6
(d)Offending on 22 November 2017:
(i)Driving whilst disqualified (third or subsequent offence);7
(ii)Providing false details;8
1 Sentencing Act 2002, s 70(a). The maximum penalty is imprisonment for a term not exceeding three months or a fine not exceeding $1,000.
2 Sentencing Act, s 71(1)(a). The maximum penalty is imprisonment for a term not exceeding three months or a fine not exceeding $1,000.
3 Land Transport Act 1998, s 32(1)(a). The maximum penalty is imprisonment for a term not exceeding two years or a fine not exceeding $6,000. The court must also order the person to be disqualified from holding or obtaining a driver licence for one year or more.
4 Land Transport Act, s 44(1). The maximum penalty is a fine not exceeding $10,000.
5 Section 32(1)(a).
6 Section 44(1).
7 Section 32(1)(a).
8 Section 44(1).
(iii)Dangerous driving;9 and
(iv)Failing to stop.10
(e)Offending on 28 November 2017:
(i)Possession of methamphetamine for supply.11
[2] Guilty pleas were entered on 23 January 2018 in relation to the offending which took place on 28/29 September 2017. Mr Cole made his first appearance in Court on 29 November 2017 in relation to the offending on the previous day – 28 November 2017. A guilty plea was then entered in relation to that charge. Guilty pleas were also entered on 23 January 2018 in relation to all of the remaining charges.
[3] On 12 March 2018, Mr Cole appeared before Judge Mabey QC in the Tauranga District Court for sentencing. An end sentence of four years and two months’ imprisonment was imposed by the Court, together with 12 months’ disqualification from driving, to be followed by a further six months disqualification, beginning on 12 March 2019.12
[4] Mr Cole appeals his end sentence, arguing that it was manifestly excessive, that the starting point adopted by Judge Mabey, in particular in relation to the drug related offending, was too high, and that the Judge did not properly discount for totality.
Factual background
[5] The charges to which Mr…
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