Duell v Police - [2025] NZHC 1280

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2025-412-000022

CRI-2025-412-000025 [2025] NZHC 1280

BETWEEN
CRAIG PHILLIP DUELL

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 15 May 2025

Appearances:

S A Saunderson-Warner for Appellant J C Collins for the Respondent

Judgment:

22 May 2025

JUDGMENT OF OSBORNE J

Introduction

[1] Craig Phillip Duell (aged 55), pleaded guilty to charges of threatening to kill,1 unlawful possession of a pistol,2 unlawful possession of ammunition,3 possession of a utensil,4 receiving stolen goods (over $1000),5 resisting police,6 breaching community work,7 and three charges of driving while licence suspended (3rd or subsequent).8 On
27 March 2025, Mr Duell was sentenced to 24 months’ imprisonment by

1      Crimes Act 1961, s 306; maximum penalty seven years’ imprisonment.
2      Arms Act 1983, s 50(1)(a); maximum penalty three years’ imprisonment or $4000 fine.
3      Section 22B; maximum penalty $10,000 fine.
4      Misuse of Drugs Act 1975, s 13(1)(a) and (3); maximum penalty one year imprisonment or $500 fine.
5      Crimes Act, ss 246 and 247(a); maximum penalty seven years’ imprisonment.
6      Summary Offences Act 1981, s 23(a); maximum penalty three months’ imprisonment or $2000 fine.
7      Sentencing Act 2002, s 71(1)(a); maximum penalty three months’ imprisonment or $1000 fine.
8      Land Transport Act 1998, s 32(1)(c) and (4); maximum penalty two years’ imprisonment or $6000 fine.

DUELL v NEW ZEALAND POLICE [2025] NZHC 1280 [22 May 2025]

Judge Robinson.9 He now appeals that sentence on the ground it was manifestly excessive.

Facts

Receiving stolen goods: May 2022

[2] In April 2022, a rural Southland property in Morton Mains was burgled. In the same month another rural Southland property in Otatara was burgled. A significant amount of property was taken from each address, including money, a motor vehicle and a motorbike. On 13 May 2022, police arrested another individual (“S”) on these burglaries. In May 2022, police executed a search warrant at Mr Duell’s address as part of the burglary investigation. Property stolen in the burglary was located in Mr Duell’s possession, being a robotic lawnmower; battery drill kit; petrol container; drop saw; and a bin containing numerous power tools. Mr Duell claimed he had never met S and the property was brought to his address by another person.

Breach of community work

[3] On 9 July 2022, Mr Duell breached a condition of his existing sentence of community work by failing to report as instructed.

Resists police: August 2024

[4] In August 2024, police located Mr Duell and arrested him on two active warrants. Mr Duell started his vehicle and reversed away but was blocked by a police car. Police had to physically restrain him so handcuffs could be applied. He was bailed to appear on 17 September 2024.

Threat to kill, firearms and drug offending: September 2024

[5] Mr Duell is a disqualified dog owner but in September 2024 he had a large dog (which he owned) at his Palmerston address. On 11 September, three Waitaki District Council staff…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Duell v Police

Details

AGLC: Duell v Police [2025] NZHC 1280
Case: [2025] NZHC 1280
Decision Date: 22 May 2025

CaseChat Overview and Summary

Craig Phillip Duell has appealed the sentence imposed by the District Court, arguing it was manifestly excessive. He was sentenced to 24 months' imprisonment for multiple charges, including threatening to kill, unlawful possession of a pistol, unlawful possession of ammunition, possession of a utensil, receiving stolen goods, resisting police, breaching community work, and driving while his licence was suspended. The appellant's counsel contended that the starting point for the threat to kill and pistol charges was excessive, and that home detention should have been imposed instead. The respondent submitted that the District Court's starting point was within range and that imprisonment was appropriate due to the nature of the offending. The High Court found that the District Court's starting point for the threat to kill charge was outside the range, and that the appropriate adjusted starting point should have been 22 months. Considering the aggravating features of the offending, the High Court determined that the appropriate end sentence would have been 18 months' imprisonment. Consequently, the District Court's sentence of 24 months' imprisonment was excessive. However, the High Court upheld the District Court's decision not to commute the sentence to one of home detention. The Court found that the combination of a repeated threat and the presence of a loaded pistol warranted a sentence of imprisonment to sufficiently denounce this type of offending. The appeal was allowed, and the sentences of 24 months' imprisonment on the charges of threatening to kill and unlawful possession of a pistol were quashed and replaced with sentences of one year and six months' imprisonment. All other sentences remained unaffected.

Orders