Davies v Police

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-439

[2021] NZHC 3077

BETWEEN

ROCKY DAVIES

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:	26 October 2021
Counsel:	M J Taylor-Cyphers for Appellant C R Purdon for Respondent
Judgment:	15 November 2021

JUDGMENT OF BREWER J

This judgment was delivered by me on 15 November 2021 at 3 pm

Registrar/Deputy Registrar

Solicitors/Counsel:

M J Taylor-Cyphers (Auckland) for Appellant Meredith Connell (Auckland) for Respondent

DAVIES v POLICE [2021] NZHC 3077 [15 November 2021]

Introduction

[1]    Mr Davies was sentenced by  Judge  JM  Jelaš  on  23 September  2021  to  26 months’ imprisonment.1 The sentence was in respect of nine charges and was constructed as follows:

(a)Driving while disqualified (on 4 March 2020):2 three months’ imprisonment;

(b)Driving while disqualified (on 10 March 2020):3 three months’ imprisonment;

(c)Driving while disqualified (on 16 April 2020):4 three months’ imprisonment;

(d)Dangerous driving (on 16 April 2020):5 one month’s imprisonment;

(e)Assault with intent to injure (on 17 April 2020):6 12 months’ imprisonment;

(f)Threatening to injure (on 17 April 2020):7 two months’ imprisonment;

(g)Threatening   to   kill   (on   18   November   2020):8    eight months’ imprisonment;

(h)Assault on a person in a family relationship (on 13 January 2021):9 eight months’ imprisonment; and

1      R v Davies [2021] NZDC 19053.

2      Land Transport Act 1998, ss 32(1)(a) and 32(3); maximum penalty three months’ imprisonment and six months’ disqualification.

3      Land Transport Act 1998, ss 32(1)(a) and 32(3); maximum penalty three months’ imprisonment and six months’ disqualification.

4      Land Transport Act 1998, ss 32(1)(a) and 32(3); maximum penalty three months’ imprisonment and six months’ disqualification.

5      Land Transport Act 1998, s 35(1)(b); maximum penalty three months’ imprisonment and six months’ disqualification.

6      Crimes Act 1961, s 193; maximum penalty three years’ imprisonment.

7      Summary Offences Act 1981, s 21(1)(a); maximum penalty three months’ imprisonment.

8      Crimes Act 1961, s 306; maximum penalty seven years’ imprisonment.

9      Crimes Act 1961, s 194A; maximum penalty two years’ imprisonment.

(i)Assault with a weapon (on 13 January 2021):10 16 months’ imprisonment.

[2]    Judge Jelaš reached the 26 months sentence by making the sentences for assault with a weapon (16 months), driving while disqualified (nine months in total) and dangerous driving (one month) cumulative sentences. All the other sentences were made concurrent with each other and with the cumulative sentences.

[3]    Mr Davies appeals the sentence of 26 months’ imprisonment on the basis that it is manifestly excessive.

[4]    My task is to assess whether Judge Jelaš made an error in sentencing Mr Davies such that a different sentence should be imposed. If I find the sentence of 26 months’ imprisonment to be manifestly excessive then that would be an error requiring correction.

Background

[5]    The sentencing process for Mr Davies began on 3 May 2021 when he received a sentence indication on the charges from Judge KJ Glubb.11 The Judge gave the following indication:

[9]        The starting point I adopted was 18 months, for the most recent I uplift for…