Geels v The the King - [2022] NZHC 3275

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2022-476-13

[2022] NZHC 3275

BETWEEN
JACOB MARTIN GEELS

Appellant

AND

THE KING

Respondent

Hearing: 6 December 2022

Appearances:

D I Brown for Appellant

A R McRae for Respondent

Judgment:

6 December 2022

ORAL JUDGMENT OF EATON J

Introduction

[1] Mr Geels pleaded guilty to and was convicted of 38 charges in the District Court. These were offences for unlawful possession of a firearm,1 unlawful possession of a prohibited firearm,2 unlawful possession of a prohibited magazine,3 unlawful possession of explosives,4 possession of LSD for the purpose of supply,5 possession of cannabis for the purpose of sale to a person over the age of 18,6 possession of a utensil (a glass pipe) for the purpose of consumption of methamphetamine7 and

1      Arms Act 1983, s 45(1): maximum penalty four years’ imprisonment or a fine not exceeding
$5,000.
2      Section 50A: maximum penalty five years’ imprisonment.
3      Section 50B: maximum penalty two years’ imprisonment.
4      Section 45(1): maximum penalty four years’ imprisonment or a fine not exceeding $5,000.
5      Misuse of Drugs Act 1975, s 6(1)(f) and (2)(a): maximum penalty life imprisonment.
6      Section 6(1)(f) and (2)(b): maximum penalty eight years’ imprisonment.
7      Section 13(1)(a) and (3): maximum penalty one year’s imprisonment and/or a fine not exceeding
$500.

GEELS v R [2022] NZHC 3275 [6 December 2022]

receiving a stolen caravan.8 Judge Dravitzki sentenced Mr Geels on 2 November 2022 to 22 months’ imprisonment and ordered him to pay $500 in reparation.9 The Judge also imposed release conditions for up to six months after Mr Geel’s sentence expiry date.

[2] Mr Geels appeals his sentence. He takes no issue with the starting point adopted or the credits allowed. The single ground of appeal is that the sentence should have been commuted to home detention.

Facts

[3] On 10 July 2021, Mr Geels was at his home address. At that time he was associated with the Timaru Road Knights. Three patched Mongol gang members arrived at the address. A confrontation took place where Mr Geels was shot in the buttock. Mr Geels was transported to the Christchurch Hospital for medical treatment.

[4] As a result of the shooting, the Police obtained a search warrant to conduct a scene examination at Mr Geels’ address. The Police followed a trail of blood to a caravan on the property. On entering the caravan two firearms were found in the doorway. A search of the caravan revealed a total of 14 firearms concealed throughout the caravan. The Police also located six unlawful magazines, over 150 rounds of ammunition and a detonator.

[5] In a sleepout at Mr Geels’ address the Police found 70 tabs of LSD, 323 g of cannabis and 4.61 g of cannabis seeds, a glass pipe used for smoking methamphetamine and a further 100 rounds of ammunition.

[6] The Police also discovered that the caravan had recently been painted and all identifying features, including the registration and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Geels v The the King

Details

AGLC: Geels v The the King [2022] NZHC 3275
Case: [2022] NZHC 3275
Decision Date: 6 December 2022

CaseChat Overview and Summary

In this appeal, Mr Jacob Martin Geels contests the sentence imposed on him by the District Court. Mr Geels was convicted of various firearms and drug-related offences. He appeals the sentence of 22 months' imprisonment and argues that it should have been commuted to home detention. The appeal was heard by Eaton J in the High Court of New Zealand, Timaru Registry.

The primary legal issue in this appeal is whether the District Court Judge erred in sentencing Mr Geels to imprisonment instead of home detention. The court had to consider the principles of sentencing, the nature of the offences, and whether the sentence imposed was appropriate given the circumstances of the case. The appeal court had to determine if the District Court Judge's decision was justified under the relevant sentencing principles.

The High Court found that the District Court Judge did not err in sentencing Mr Geels to imprisonment. The court noted that the offences committed by Mr Geels were serious, involving multiple firearms, prohibited firearms, large quantities of ammunition, and drug dealing with a gang connection. The High Court held that the purposes of denunciation and deterrence were significant in this case and warranted a sentence of imprisonment. The court also found that the District Court Judge had appropriately considered the other purposes of sentencing, such as rehabilitation and reintegration, and had given appropriate weight to these factors in arriving at the sentence. The High Court concluded that Mr Geels had not demonstrated an error in the District Court's decision.

The appeal was dismissed, and the original sentence of 22 months' imprisonment was upheld.

Orders