IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
CRI-2015-419-000030 [2015] NZHC 2406
BETWEEN KERI GEORGE JUNIOR FRANKLIN
Appellant
AND
THE POLICE Respondent
CRI-2015-419-000032
BETWEEN KERI GEORGE JUNIOR FRANKLIN Appellant
ANDTHE POLICE Respondent
Hearing: 30 September 2015 Counsel:
W N Dollimore for the Appellant
J E Tarrant for the RespondentJudgment:
2 October 2015
JUDGMENT OF DUFFY J
This judgment was delivered by me on 2 October 2015 at 11.30am pursuant to
Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:……………………………….
Solicitors:
Crown Solicitor, Hamilton
Counsel:
W N Dollimore, Barrister Hamilton
FRANKLIN v THE POLICE [2015] NZHC 2406 [2 October 2015]
[1] The appellant, Keri Franklin, pleaded guilty in the District Court and was sentenced on a charge of theft of a television. He was also re-sentenced on two shoplifting offences, possessing needle/syringe for cannabis and possessing a cannabis plant. The total sentence imposed was 13 months’ imprisonment. He appeals on the basis that the sentence was manifestly excessive.
Background
Summary of Facts
[2] The summary of facts states that at approximately 12:45 pm on 26 June 2015
Mr Franklin and an associate entered a Dick Smith store in Hamilton and approached the television display area. Mr Franklin picked up a television, valued at $699. Mr Franklin and his associate left the store via the front entrance of the store.
Prior offending for which Mr Franklin was re-sentenced
[3] At the time of the present offending, Mr Franklin was serving a sentence of
90 hours community work for the drug related and shoplifting offences referred to above.
[4] The two drug charges related to an incident on 13 April 2015. Police were speaking to Mr Franklin at his home address. Police located a cannabis bong beside the couch in the living room. Police invoked the Search and Surveillance Act 2012 and detained Mr Franklin. They searched the property, locating a plate containing chopped up cannabis leaf, which had been prepared to be smoked.
[5] The two shoplifting charges arose out of incidents on 22 February 2015. Mr Franklin was observed on CCTV uplifting a “trade flame” blow torch kit valued at $69.00 from a Bunnings store in Cambridge. He left the store without paying for the item and left in a vehicle. Police were called to Bunnings.
[6] Mr Franklin then went to a Countdown Supermarket and concealed nine packets of meat, which had a total value of $128.50, on his person. He exited the
store making no attempt to pay for the items. He returned to his vehicle in the car park. Police observed the vehicle, searched it and located the items.
[7] Mr Franklin has an extensive criminal history which primarily consists of shoplifting, theft and burglary offending. He also has convictions for receiving and several convictions for wilful damage and assault.
Sentencing in the District Court
[8] Mr Franklin appeared before Judge Burnett in the Hamilton District Court on
28 July 2015. The Judge noted that the maxim penalty for the charge of theft was one…
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