| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA584/2016 [2017] NZCA 271 |
| BETWEEN | NOEL PIRIKA ERICKSON |
| AND | MINISTRY FOR PRIMARY INDUSTRIES |
| Hearing: | 23 March 2017 |
Court: | Kós P, Miller and Brown JJ |
Counsel: | T Sutcliffe for Appellant |
Judgment: | 29 June 2017 at 12 noon |
Reissued: | 20 July 2017 — see recall judgment of 20 July 2017 |
Effective date of Judgment: | 29 June 2017 |
JUDGMENT OF THE COURT
AThe application for leave to appeal is granted.
BThe appeal against sentence is allowed.
CThe finite sentence of two years and six months’ imprisonment is quashed.
DA sentence of eighteen months’ imprisonment on the s 28 charges is substituted, having regard to the home detention additionally served.
ESentences on the other individual charges are as stated at [63] (all sentences to be served concurrently).
FAn order is made under s 80I(2) of the Sentencing Act 2002 granting the appellant leave to apply to the District Court for cancellation of the sentence of imprisonment and substitution of a sentence of home detention.
____________________________________________________________________
REASONS OF THE COURT
(Given by Kós P)
What considerations determine gravity of offending in cases of wilful and reckless ill-treatment of animals — and thereby define sentencing starting points — under ss 28 and 28A of the Animal Welfare Act 1999 (the Act)?
Mr Erickson, a casually employed slaughterman, was imprisoned for two and a half years for wilful ill-treatment of 115 bobby calves before slaughter. He seeks leave to appeal that sentence. Leave to appeal is not opposed for two reasons. First, because it is accepted the High Court Judge erred in taking a global sentencing approach to a diverse array of charges. The consequence was that she imposed some sentences in excess of the statutory maximum. To that extent it is inevitable that the appeal must be allowed in part. Secondly, because this case is seen as providing an opportunity to give sentencing Courts guidance on the question stated above.
Background
For three months Mr Erickson was employed as a casual slaughterman at Down Cow Ltd near Te Kauwhata in the Waikato. The business of that company is the slaughter of farm animals for pet food. Mr Erickson’s role was to assist in the processing of bobby calves for slaughter. Bobby calves are male calves surplus to the needs of the dairy industry. They are often less than seven days old at slaughter.
In August 2015 an animal rights group called Farmwatch installed two hidden cameras in Down Cow’s yards. What they captured on film resulted in the 10 charges Mr Erickson pleaded guilty to:
(a)two charges under s 28(1)(d) of the Act of wilfully treating a calf with the result that it is seriously injured or impaired (these being the most serious of the offences);
(b)one charge under s 12(c) of the Act of killing a calf in such a manner that it suffers unreasonable or unnecessary pain or distress;
(c)two representative charges…
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- Case
- [2017] NZCA 271
- Decision Date
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