IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2016-409-000100 [2016] NZHC 2440
BETWEEN DEAN GOODALL
Appellant
AND
NEW ZEALAND POLICE Respondent
CRI-2016-409-000101
BETWEEN DEAN GOODALL Appellant
ANDDEPARTMENT OF CORRECTIONS Respondent
Hearing: 11 October 2016 Appearances:
K J Beaton for Appellant
E J Henderson and M Zarifeh for RespondentsJudgment:
13 October 2016
JUDGMENT OF GENDALL J
GOODALL v NEW ZEALAND POLICE [2016] NZHC 2440 [13 October 2016]
Introduction
[1] Mr Goodall the appellant appeals against a sentence of two years and two months’ imprisonment imposed by Judge Couch in the District Court at Christchurch on 2 September 2016. The list of charges for which the appellant was sentenced is extensive, but can briefly be categorised into three sets:
(a) Rotorua charges (the first set of charges): (i) theft of a motor vehicle
(ii) obtaining by deception
(b)Charges for resentencing (the second set of charges): (i) three counts of breaches of parole
(ii) wilful damage
(iii) driving with excess breath alcohol; and
(iv) disorderly behaviour
(c) New Blenheim charges (the third set of charges) (i) breach of community detention
(ii) breach of intensive supervision
Background
[2] The facts relating to the first set, the Rotorua charges, were succinctly summarised by Judge Couch during sentencing. His Honour observed that:1
On 24 March this year [the appellant] went to a car dealer in Rotorua. [The appellant] agreed to buy a Holden car for $24,000. [The appellant] were
1 New Zealand Police v Goodall [2016] NZDC 17124 at [2].
given the use of a Subaru courtesy car until that purchase price was paid. The value of the Subaru was some $8000. The purchase price was never paid but by mistake the dealer thought it had been paid and delivered the Holden car to [the appellant]. [The appellant] then sold both cars. The Subaru was recovered. Because of the circumstances of sale, title to the Holden had legally passed to the purchaser and it was not recoverable, notwithstanding you had never paid for it. That led to the charges of theft of the Subaru motor vehicle and obtaining the Holden motor vehicle by deception.
[3] The second and third set of charges originally related to sentencing this year at the District Court in Blenheim. Previously the appellant had been sentenced to four months’ community detention and 12 months’ intensive supervision on a number of charges including driving with excess breath alcohol and three charges of breach of release conditions. Then, on 13 July 2016, the appellant breached his community detention by cutting off the monitoring bracelet and failing to return to the detention address. Community Probation therefore applied for both sentences to be cancelled and the appellant is now to be re-sentenced on these charges.
[4] As the sentencing and this appeal however was primarily focused on the charges of theft and obtaining by deception of the two motor vehicles, the second and third sets of charges are of more limited relevance before me here. I will therefore deal principally in this appeal with…
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- Goodall v Police [2016] NZHC 2440
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- [2016] NZHC 2440
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CaseChat Overview and Summary
The court examined whether the starting point of two years' imprisonment was appropriate, considering the appellant's significant criminal history and the nature of the offending. The court found that the starting point was justified given the circumstances and the appellant's culpability. The court also considered the appellant's remorse and offers to make amends, but found that there was insufficient genuine remorse and insight into his offending. The court concluded that the sentence imposed was appropriate and dismissed the appeal.
The final orders of the court were that the appeal was dismissed and the original sentence of two years and two months' imprisonment was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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