IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-000042 CRI-2018-404-000043
CRI-2018-404-000044 [2018] NZHC 393
BETWEEN JACOB JAMES DUVAL
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 5 March 2018 Appearances:
Dennis Dow and Susan Giles for the Appellant Annabel Linterman for the Respondent
Judgment:
13 March 2018
JUDGMENT OF MOORE J
[Appeal against sentence]
This judgment was delivered by me on 13 March 2018 at 2:45 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar Date:
DUVAL v NEW ZEALAND POLICE [2018] NZHC 393 [13 March 2018]
Introduction
[1] The appellant, Jacob James Duval, aged 21, was sentenced to seven months’ imprisonment concurrently imposed on a variety of charges by Judge J Jelas on 14 February 2018 at the Waitakere District Court.
[2] Her Honour declined to convert that sentence to home detention on the grounds that given Mr Duval’s significant history of non-compliance she had no confidence he would complete the sentence without incident.
[3] Mr Duval appeals on the narrow question of whether the Judge should have exercised her discretion to order home detention.
Background facts
[4] In his submissions filed in support of the appeal, Mr Dow, for Mr Duval, helpfully provided a table which I have modified for present purposes. This sets out the seven charges Mr Duval pleaded guilty to. For convenience the charges may be divided into three categories defined by the dates of offending; 9 June 2017, 18 October 2017 and 24 December 2017.
Date Charge Maximum sentence End sentence 9 June 2017 Common assault 1 year’s
imprisonment
5 months 18 October 2017 Driving whilst disqualified (3rd or subsequent) 2 years’
imprisonment;
$6,000 fine7 months 18 October 2017 Dangerous driving 3 months’
imprisonment;
$4,500 fine3 months 18 October 2017
Failed to stop for red and blue lights (3rd or subsequent)
3 months’
imprisonment;
$10,000 fine
2 months
18 October 2017 Breach of community detention 6 months’
imprisonment;
$1,500 fine
2 months 24 December 2017 Escaping Police custody 5 years’
imprisonment
6 months
Date Charge Maximum sentence End sentence 24 December 2017 Resisting Police 3 months’
imprisonment;
$2,000 fine1 month
[5] The description set out below is drawn from the summaries of fact which Mr Duval accepted as accurate.
Assault (9 June 2017)
[6] On 9 June 2017 the victim was leaving his home to go to work. As he walked across the road Mr Duval, who was waiting with an associate, challenged him saying, “You’ve been talking shit about me …”.1 The victim denied this and threw a punch at Mr Duval who responded by running at the victim and tackling him to the ground. He then launched a prolonged attack on the victim punching him in the head and face several times while the victim attempted to shield his head in his arms. As a result of the attack, the victim was bruised and required treatment by attending ambulance staff. When spoken to by the Police…
Continue reading Duval v Police
Sign in free to access the full text
- AGLC
- Duval v Police [2018] NZHC 393
- Case
- [2018] NZHC 393
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.