IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2019-409-000085
[2019] NZHC 1946
BETWEEN PHILIP LEONARD CURRIE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 8 August 2019 Appearances:
O K Jarvis for the Appellant
J H Whitcombe for the Respondent
Judgment:
12 August 2019
JUDGMENT OF NATION J
Introduction
[1] Mr Currie pleaded guilty to burglary, unlawfully taking a mountain bike valued at $8000, driving whilst disqualified third or subsequent, unlawfully taking a motor vehicle valued at $5000 and breaching release conditions. He was sentenced by Judge Garland on 26 June 2019 to two years and six months’ imprisonment.
[2] Mr Currie appeals the sentence on the basis that the starting point was too high, there was no discount for remorse and there was a disproportionate uplift for Mr Currie’s criminal history.
CURRIE v POLICE [2019] NZHC 1946 [12 August 2019]
Facts
Charge 1: burglary
[3] Between Saturday 23 March and Sunday 24 March 2019, the victims had left their mountain bikes in a garage on their property. Mr Currie entered the unlocked garage and stole a Giant mountain bike valued at $800 and GT Mountain Bike valued at $600. Mr Currie admitted to the burglary.
Charges 2 and 3: taking a motor vehicle and drove while disqualified 3rd or subsequent
[4] On Sunday 24 March 2019, the victim parked her Toyota motor vehicle on her property. The following day, she reported the vehicle stolen. Mr Currie was found driving that motor vehicle in Christchurch and admitted taking the vehicle.
[5] Mr Currie had been disqualified from driving indefinitely by the District Court after being convicted of driving with excess breath alcohol in 2002. He admitted to driving while disqualified.
Charge 4: unlawfully taking a bicycle
[6] On 25 March 2019, Mr Currie walked past an address and noticed a mountain bike leaning against the fence on a shared driveway. He walked down the drive and, seeing that the mountain bike was not secure, rode away on the bike. The bike was valued at $8000. On Wednesday 27 March, the Police received information from an anonymous source that this mountain bike was at Mr Currie’s address. The Police went to his address and found the mountain bike inside the doorway of Mr Currie’s home. He admitted taking the mountain bike and said he had planned to sell it to fund his addiction to drugs.
Charge 5: Breach of release condition
[7] Mr Currie was released from prison on 21 May 2018 and was subject to approximately eight months of release conditions. He failed to report to probation as required three times and received two warning letters. On 14 January 2019, he again failed to report to his probation officer as directed and was charged.
District Court decision
[8] The Judge noted Mr Currie is 44 years old with a long history of offending. Mr Currie has over 100 convictions that include dishonesty, driving, drug, alcohol, violence related and sexual offending along with…
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- [2019] NZHC 1946
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