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…
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- Duell v Police [2025] NZHC 1280
- Case
- [2025] NZHC 1280
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