IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2023-404-000249
[2023] NZHC 2065
BETWEEN MITCHELL TYLER GREY
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 21 July 2023 Appearances:
A Ives for Appellant
J L Gibson for Respondent
Judgment:
4 August 2023
JUDGMENT OF PAUL DAVISON J
This judgment was delivered by me on 4 August 2023 at 2.15 pm.
Registrar/ Deputy Registrar
Solicitors/Counsel:
A Ives, Barrister, Auckland Crown Solicitor, Auckland
GREY v NEW ZEALAND POLICE [2023] NZHC 2065 [4 August 2023]
Introduction
[1] Mitchell Grey (the appellant) pleaded guilty to charges of: burglary;1 theft;2 being found in a motor vehicle without reasonable excuse;3 and two charges of being unlawfully in a building.4 On 5 May 2023, he was sentenced by Judge D J McDonald in the Auckland District Court to 16 months’ imprisonment.5 He appeals his sentence on the grounds that it was manifestly excessive and says that the Judge erred by adopting a starting point that was too high, and by failing to allow for the time he spent on electronically monitored (EM) bail.
[2] The respondent opposes the appeal and says that the appellant cannot show that the sentence imposed by the Judge was manifestly excessive. The respondent says that the 16 months sentence was within the available range, and the adjustment proposed by the appellant would amount to “tinkering” with the sentence imposed by the Judge.
Offending
[3] The offending occurred in Hawkes Bay and Auckland over several months during 2022.
[4] Sometime between 4.00 pm on 11 February and 7.00 am on 14 February 2022, the appellant entered a secure construction site in Hastings. He cut holes in the building wrap on one of the units under construction, reached inside to unlatch a window, and gained entry. He took a laptop charger, an outlet power centre, and a fast charger. The items are collectively valued at approximately $280.
[5] On the afternoon of 18 February 2022, the appellant entered a Rebel Sport store in Hastings. He picked up a pair of shoes, removed the security tag and put the shoes
1 Crimes Act 1961, s 231(1)(a). Maximum penalty of 10 years’ imprisonment.
2 Crimes Act 1961, ss 219 and 223(d). Maximum penalty of three months’ imprisonment.
3 Summary Offences Act 1981, s 29. Maximum penalty of three months’ imprisonment, or $2,000 fine.
4 Summary Offences Act 1981, s 29. Maximum penalty of three months’ imprisonment, or $2,000 fine.
5 New Zealand Police v Grey [2023] NZDC 9138.
on, leaving his own shoes under a bench in the store. He was stopped by staff while walking around inside the store and was asked to remove the shoes.
[6] Around 4.00 am on 12 July 2022, the appellant went to a butcher’s business premises Greenlane, Auckland. He cut padlocks and forced open a heavy-duty door to gain entry to the premises. Once inside he attempted to open the door to the chiller but was unsuccessful. He then departed.
[7]…
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- Grey v Police [2023] NZHC 2065
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- [2023] NZHC 2065
- Decision Date
CaseChat Overview and Summary
The court considered whether the starting point for the burglary charge was appropriate, whether the uplift for other charges and previous burglary convictions was correct, and whether any discount should be applied for time spent on electronically monitored bail. The court found that an appropriate starting point for the burglary charge was 12 months' imprisonment, an uplift of three months for other charges and four months for previous burglary convictions were appropriate, and no discount for time spent on electronically monitored bail should be applied due to non-compliance and further offending while on bail.
The court concluded that the sentence of 16 months' imprisonment imposed by Judge McDonald was not manifestly excessive and that reducing the sentence by one month would amount to "tinkering" with the sentence imposed. The appeal was dismissed.
Orders
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Background
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Decision
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