IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2021-404-468
[2021] NZHC 3441
BETWEEN JAEDON MEINATA DAWSON
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 13 December 2021 Appearances:
S Fernando for the Appellant H J Bell for the Respondent
Judgment:
15 December 2021
JUDGMENT OF GAULT J
This judgment was delivered by me on 15 December 2021 at 10:00 am.
Registrar/Deputy Registrar
……………………………………
Solicitors / Counsel:
Ms S Fernando, Barrister, Auckland
Mr H J Bell, Meredith Connell, Office of the Crown Solicitor, Auckland
DAWSON v POLICE [2021] NZHC 3441 [15 December 2021]
Introduction
[1] Mr Dawson pleaded guilty to two charges of unlawfully using a motor vehicle,1 three charges of breaching home detention2 and one charge of breaching post detention conditions.3 On 1 October 2021, in the District Court at Waitākere, he was sentenced by Judge J M Jelaš to 15 months’ imprisonment.4
[2] Mr Dawson appeals against this decision on the basis this sentence is manifestly excessive. He advances three grounds of appeal: that insufficient weight was given to mitigating factors; too much weight was given to non-compliance with court orders to impose a cumulative sentence; and, the starting point adopted by the Judge was too high.
Offending
[3] The offending can conveniently be set out in chronological order, with the sentence breaches occurring before the motor vehicle offending.
[4] On 26 November 2020, Mr Dawson was absent from his electronically monitored residence. Then, on 4 April 2021, he tampered with the GPS tracker by cutting the strap. Next, on 27 April 2021, Mr Dawson failed to submit to electronic monitoring by failing to adequately charge the GPS tracker. His sentence of home detention expired on 2 May 2021. He was subject to six months standard post- detention conditions from that date until 2 November 2021. In breach of those conditions, on 4 May 2021, he failed to report to a Probation Officer when required to do so.
[5] On 8 May 2021, Mr Dawson found driving a Subaru without the permission or authority of the registered owner. On 31 May 2021, he was recorded on CCTV in possession of a BMW he did not have authority to drive or use.
1 Crimes Act 1961, s 226(1). Maximum penalty: seven years’ imprisonment.
2 Sentencing Act 2002, s 80S. Maximum penalty: one year imprisonment or fine of $2,000.
3 Sentencing Act 2002, s 80U. Maximum penalty: six months’ imprisonment or fine of $1,500. Counsel referred to two charges under s 80S and two under s 80U, but nothing turns on this.
4 New Zealand Police v Dawson [2021] NZDC 19596.
District Court decision
[6] After setting out the background to the offending, the Judge described Mr Dawson’s “unfortunate history”. She noted that, since 2012, he had been repeatedly before the courts and, since 2016, sentenced to several periods of imprisonment. None had a deterrent effect. The Judge acknowledged Mr Dawson’s addictions as a significant contributing factor in his offending along with…
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- [2021] NZHC 3441
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