NOTE: ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS, OF THE COMPLAINANT REFERRED TO IN THIS JUDGMENT AND OF THE HOME DETENTION ADDRESS OF THE APPELLANT.
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2015-409-000131
CRI-2015-409-000129 [2016] NZHC 224
BETWEEN RYAN THOMAS FINLINSON
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 16 February 2016 Appearances:
K Paima for the Appellant
C E Martyn for the RespondentJudgment:
19 February 2016
JUDGMENT OF NATION J
[1] On 1 May 2015, Mr Finlinson went to the home of his ex-partner to collect some personal belongings. (I will refer to Mr Finlinson’s ex-partner as Ms Green, although that is not her real name. For similar reasons, I also do not refer to the name of her horse.) He went there at 10.00 pm and became aware she was in bed with a person previously known to him. A short time later, Mr Finlinson left the address and went to a nearby paddock where he shot Ms Green’s horse. This was a horse she was emotionally attached to. It was also of considerable value to her as a horse which she had worked up since October 2014 to a level where she could compete with it in equestrian events at a national level.
[2] On 17 December 2015, Judge Farish in the District Court sentenced Mr
Finlinson to 28 months’ imprisonment, required him to pay $10,000 in reparation
FINLINSON v POLICE [2016] NZHC 224 [19 February 2016]
and ordered forfeiture of a firearm.1 The sentences were imposed on a charge of intentional damage under the Crimes Act 1961.
[3] Mr Finlinson has appealed against that sentence.
[4] Mr Finlinson had also pleaded guilty to a summary offence charge of assault. When he called at the house, Mr Finlinson wanted the person with Ms Green to leave. As this person was attempting to make his way out of the bedroom and passed Mr Finlinson into the hallway, Mr Finlinson pushed him into the hallway wall. The man was not injured.
The sentencing
[5] Although Mr Finlinson pleaded guilty at an early stage, sentencing was deferred after Judge Farish indicated the Judge who had taken the guilty pleas had not had the opportunity to fully understand the seriousness of the offending. A pre- sentence report dated 18 November 2015 was prepared for a sentencing on 20
November 2015. Judge Farish indicated on 20 November 2015 that a starting point of imprisonment was clearly warranted. A second pre-sentence report dated 9
December 2015 was then prepared for the sentencing which took place on 17
December 2015.
[6] In referring to what happened, Judge Farish said Mr Finlinson had wanted “to cause as much emotional distress to [Ms Green] as you could”. She referred to Mr Finlinson telling the pre-sentence report writers that he recognised the horse had done nothing wrong. She said he had acted “simply out of vengeance for the fact [Ms Green] had decided to end the relationship and you were not happy…
Keep reading for free
Create a free CaseChat account to read Finlinson v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZHC 224
- 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.