IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY
CRI-2015-442-17 [2015] NZHC 2077
BETWEEN MARK ANTHONY CROPP
Appellant
AND
THE QUEEN Respondent
Hearing: 28 August 2015 Counsel:
S M Barclay for Appellant
E J Riddell for RespondentJudgment:
28 August 2015
JUDGMENT OF BREWER J
Solicitors: Zindels (Nelson) for Appellant
Crown Solicitor (Nelson) for Respondent
CROPP v THE QUEEN [2015] NZHC 2077 [28 August 2015]
Introduction
[1] Mr Cropp appeals against a sentence of two years and three months’
imprisonment imposed by Judge Zohrab in the District Court at Nelson on 26 May
2015.Mr Cropp was sentenced on the following charges: (a) aggravated robbery;1
(b) escaping custody;2
(c) assault with a weapon;3
(d) intentional damage (x3);4
(e) breach of community work;5 and
(f) theft under $500 (x2).6
[2] Mr Cropp appeals on the basis that:
(a) the end sentence was manifestly excessive and should have been less
than two years’ imprisonment; and
(b) home detention should have been imposed.
[3] Mr Cropp was 17 years old when he was sentenced. He turned 18 this month. His age is the critical point on appeal.
1 Crimes Act 1961, ss 235(c) and 66. Maximum penalty of 14 years’ imprisonment.
2 Sections 120(1)(c) and 72. Maximum penalty of five years’ imprisonment.
3 Section 202(c). Maximum penalty of five years’ imprisonment.
4 Section 269(2)(a). Maximum penalty of seven years’ imprisonment.
5 Sentencing Act 2002, s 71(1)(f). Maximum penalty of three months’ imprisonment or fine of
$1,000.
6 Crimes Act 1961, ss 219 and 223(d). Maximum penalty of three months’ imprisonment.
Background
Aggravated robbery
[4] Mr Cropp and his associate, Mr Glanville, were driving around the Nelson area attempting to sell fake cannabis ‘tinnies’ to tourists. The tourist who they tried to sell cannabis to is the victim in the aggravated robbery.
[5] On 2 April 2015 at about 7:30 pm, Mr Cropp and Mr Glanville approached the victim and offered to sell him a tinnie. The victim accepted but did not have any money on him. Mr Cropp and Mr Glanville gave the victim a ride to an ATM machine, from which the victim withdrew $100. The three of them returned to a BP station where the victim had left his bags.
[6] After a discussion about the tinnies, the victim said he no longer wanted to buy one. Mr Cropp became angry and began to approach the victim with a knife in his hand. He was pointing the blade at the victim. Mr Cropp demanded the victim give him the money. Mr Glanville also approached the victim and told the victim to give Mr Cropp the money. The victim handed them the money.
Escapes custody, assault with a weapon and intentional damage charges
[7] On 4 April 2015 Mr Cropp was at the Nelson Police Station. He was permitted to speak to a visitor and was placed in a secure room.
[8] Mr Cropp saw a vent in the ceiling. He stood on a stool and broke off the wooden frame from around…
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- Cropp v The Queen [2015] NZHC 2077
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- [2015] NZHC 2077
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