IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-310
CRI-2015-404-311
CRI-2015-404-312 [2015] NZHC 3127
BETWEEN ASHOR GORGUS
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 7 December 2015 Appearances:
P Heaslip for the Appellant
J Angelson for the RespondentJudgment:
7 December 2015
ORAL JUDGMENT OF MUIR J
Counsel:
P Heaslip, Barrister, Auckland
Solicitors:
Meredith Connell, Auckland
GORGUS v NEW ZEALAND POLICE [2015] NZHC 3127 [7 December 2015]
Introduction
[1] Mr Gorgus pleaded guilty to eleven charges, which can be separated into three sets of offending, comprising:
(a) Possession of utensils for methamphetamine use;1
(b)The “Auckland offending”: unlawfully taking a motor vehicle,2 burglary,3 possession of a utensil for methamphetamine use; theft under $500;4 and offensive behaviour;5 and
(c) The “Huntly offending”:6 wilful damage,7 unlawfully being in an enclosed yard;8 two charges of unlawfully taking a motor vehicle; and burglary.
[2] In the District Court Judge Dawson sentenced Mr Gorgus to a total term of
four years’ and one month’s imprisonment. Mr Gorgus now appeals that sentence.
Background
[3] I set out the relevant background facts chronologically. I note that all but one of the offences were committed by Mr Gorgus while on bail.
The methamphetamine utensils charge
[4] In July 2014 Mr Gorgus was arrested on matters unrelated to the present appeal. He was searched and found in possession of a camera case in which there
was a glass pipe for smoking methamphetamine. He was not on bail at the time.
1 Misuse of Drugs Act 1975, ss 13(1)(a) and 13(3): maximum penalty one year’s imprisonment or
$500 fine.
2 Crimes Act 1961, s 226: maximum penalty seven years’ imprisonment.
3 Section 231: maximum penalty 10 years’ imprisonment.
4 Crimes Act 1961, s 223(d): maximum penalty three months’ imprisonment.
5 Summary Offences Act 1981, s 4: maximum penalty $1000 fine.
6 Referred to in the District Court and in counsel submissions as the “Hamilton offending”
although the offending occurred in Huntly.
7 Summary Offences Act 1981, s 11(1): maximum penalty three months’ imprisonment or $2000
fine.
8 Section 29(1)(b): maximum penalty three months’ imprisonment or $2000 fine.
The Auckland offending
[5] In the early afternoon of 17 October 2014 Mr Gorgus was at John Jennings Drive, Oteha. He noticed a Toyota Hylux vehicle parked in a shared driveway with the keys in the ignition. The vehicle belonged to the first victim, who was working nearby. Mr Gorgus got into the vehicle and drove off. Approximately 2 km away he dumped the vehicle on the side of the road. From the car he took a cellphone, a wallet with $500 in cash and the keys. The vehicle was worth $5,000, and the cellphone $39. The wallet and cash were never recovered.
[6] Later that day, at approximately 5pm, Mr Gorgus was at an address in Torbay that belongs to the second victim. He smashed a window to gain entry into the property and searched through the house, including the owner’s bedroom. He stole a laptop, worth $1,500 and jewellery, said to…
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- Gorgus v Police [2015] NZHC 3127
- Case
- [2015] NZHC 3127
- Decision Date
CaseChat Overview and Summary
The court found no error in the District Court's sentencing approach. The High Court noted that the starting point for the Auckland burglary was within the appropriate range and the 18-month uplift for the lesser charges was justified. The court also found that the District Court judge had adequately considered the totality principle and that the sentence did not result in a total period of imprisonment disproportionate to the gravity of the overall offending. The High Court rejected the appeal, affirming the District Court's sentence of four years and one month's imprisonment.
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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