IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI 2013-488-000058 [2014] NZHC 444
BETWEEN DANIEL ROBERT GREEN Appellant
ANDNEW ZEALAND POLICE Respondent
Hearing: 11 March 2014
Appearances: W D McKean for Appellant
C M Gisler for Respondent
Judgment: 12 March 2014
(RESERVED) JUDGMENT OF ANDREWS J
This judgment is delivered by me on 12 March 2014 at 4pm pursuant to r 11.5 of the High Court Rules.
..................................................... Registrar / Deputy Registrar
Solicitors:
WRMK Lawyers, Whangarei
Crown Solicitor, Whangarei
GREEN v NEW ZEALAND POLICE [2014] NZHC 444 [12 March 2014]
Introduction
[1] The appellant has appealed against the sentence imposed on him by Judge A-M Bouchier in the District Court at Whangarei, on 29 November 2013.1 The appellant says that the Judge adopted a starting point on the lead charge that was too high, leading to the end sentence on that charge (following the discount for his guilty plea) being manifestly excessive.
Background
[2] The appellant was sentenced on four charges. The first and second charges in time related to events on 18 July 2013. At about 3am Mr Green shot a .303 rifle outside his dwelling two or three times, one shot causing minor damage to the building. The Police found the rifle along with a .22 calibre rifle, an air rifle, and ammunition. The appellant did not have a firearms licence. The appellant was charged with unlawful possession of a firearm, and discharging a firearm in a dwellinghouse.
[3] The third charge was of theft. On 16 August 2013 the appellant, with an associate, stole grocery items valued at $600 from a supermarket.
[4] The fourth charge was aggravated robbery. On 17 August 2013 at about
7:30pm the appellant, together with an associate, drove to a dairy. The associate waited in the car while the appellant, armed with a sawn-off shotgun (which was unloaded), entered the store and demanded money and cigarettes from the shop attendant. He also threatened the attendant by saying, twice, “Hurry up, don’t make me use it”. The attendant complied and the appellant took $765.00 in cash and
$879.50 worth of cigarettes. The female shop attendant was extremely shaken and upset.
[5] After being arrested, the appellant admitted the aggravated robbery and other charges.
[6] The appellant has a number of previous convictions, including common assaults in 2012 and 2008, assault with intent to injure in 2008, and male assaults female also in 2008. The appellant also a number of convictions for driving with excess breath alcohol that are not relevant to the present charges.
District Court sentencing
[7] The Judge took the charge of aggravated burglary as the lead offence at sentencing. The Judge identified the use and threat of a weapon, a modest level of premeditation, and the extent of the damage (which, while not big, was large for a dairy’s profits) as aggravating features of the offending. The Judge gave no value to the fact that the firearm was unloaded, citing the lack of impact this has on the victim,…
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- Case
- [2014] NZHC 444
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