IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2018-412-14 & 15
[2018] NZHC 1928
BETWEEN WILLIAM HILLIS COTTLE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 30 July 2018 Appearances:
L A Andersen for Appellant R D Smith for Respondent
Judgment:
31 July 2018
JUDGMENT AND REASONS FOR JUDGMENT OF NICHOLAS DAVIDSON J
Judgment
[1] Judgment was delivered in Court on 31 July 2017. The Judgment is recorded in these Reasons for Judgment.
Introduction
[2] William Cottle was convicted on charges of intentional damage with reckless disregard for the safety of the victim, assault with intent to injure, wilful damage, and two charges each of possession of an offensive weapon and reckless driving. The District Court Judge sentenced Mr Cottle to two years and two months imprisonment.1
1 Police v Cottle [2018] NZDC 9685.
COTTLE v NEW ZEALAND POLICE [2018] NZHC 1928 [31 July 2018]
He appeals this sentence on the basis of an error was made in calculating the final sentence, and that the final sentence was manifestly excessive.
Facts
[3] At about 5:30pm on 6 July 2017, the 19-year-old appellant was driving his car along Glenelg Street in Dunedin when he saw someone who he believed owed him money driving towards him in a Hilux. He swerved across the centre line, causing the victim to take evasive action to avoid a collision, and narrowly avoided a collision with a parked car. The appellant made a U-turn and followed the victim to the motorway, where he passed his car and pulled just in front of him, causing him to brake heavily to avoid a nose to tail collision. He followed the victim to Mosgiel, where he stopped. The appellant stopped behind him, before driving into the Hilux with enough force to move it forward about a metre. He reversed and rammed into the Hilux twice more. The victim and an associate were still in the vehicle at the time. When they got out of the Hilux, uninjured, the appellant drove away. This resulted in one of the reckless driving charges.
[4] At about 10.30pm on 6 November 2017, the appellant was driving in the Dunedin CBD. He saw his ex-partner with a male associate in a car and became jealous, intentionally ramming the car from behind when stopped at a red traffic signal. He reversed before ramming into the car again, causing more damage to the rear bumper. The victims fled in the car to avoid being rammed again. This resulted in the second reckless driving charge.
[5] Later that evening, the appellant drove to his ex-partner’s house and sat outside watching the property. At about 1.00am, his ex-partner and the man she was with drove up to the house, to drop her off. As she got out of the car, the appellant walked towards the car with a large axe in one hand and a knife in the other. The male victim was sitting in the driver’s seat and locked…
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- AGLC
- Cottle v Police [2018] NZHC 1928
- Case
- [2018] NZHC 1928
- Decision Date
CaseChat Overview and Summary
The court found that the starting point of three years imprisonment was appropriate given the premeditated nature of the final incident and the appellant's previous conviction. The court found that the credits given for mitigating factors, including the appellant's youth and late guilty pleas, were within the appropriate range. The court concluded that the sentence imposed was not the least restrictive sentence available and that the purposes of sentencing were met by home detention. The appeal was allowed, and the sentence of two years and two months imprisonment was replaced with one of eight months home detention and 200 hours community work. The court imposed specific conditions on the home detention, including attending rehabilitation programmes and counselling, and not associating with the victims without prior approval. The court also directed judicial monitoring to assess the appellant's response to the sentence imposed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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