IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CRI 2017-485-027 [2017] NZHC 1750
BETWEEN VINCENT PAUL HABIB
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 11 July 2017 Appearances:
C Thorburn and J Griffiths for Appellant
A Richards for the RespondentJudgment:
26 July 2017
JUDGMENT OF DOBSON J
[1] Mr Habib had a traumatic childhood and as a result has a number of long- term mental health issues. He has spent most of his adult life in prison and struggles to cope when back in the community. He appeals against the sentence imposed for five burglaries on the basis that there should have been a discount for his mental health, either because his culpability was reduced or because his mental health means that the sentence is more subjectively punitive.
The offending
[2] Having stopped taking medication that had been adequately moderating his mental health condition (because he thought it was making him feel worse), Mr Habib consumed self-prescribed doses of valium in the lead up to the offending. On 12 April 2016 he committed five burglaries at residential properties in the Lower Hutt area. In three cases he forced entry, at one he entered on to the property but was unable to gain access to the house and in the last he walked through an open door.
The circumstances of the burglaries sound amateurish in the retelling. The items
HABIB v NEW ZEALAND POLICE [2017] NZHC 1750 [26 July 2017]
taken from one address were left on the porch of another. He gained access to one of the properties by smashing a window and then cut himself gaining entry, using and leaving behind gloves with his blood on them.1 In the last burglary he was confronted by the occupant, and retreated to the roadside lawn outside the property, apparently waiting for the Police to arrive. They found him there, eating a piece of fruit.
[3] Notwithstanding that characterisation of the offending, all such burglaries constitute serious offending. They engender justifiable feelings of violation for the victims, they are destructive of property and they put offenders like Mr Habib in a position where even more serious offending can occur if they panic when confronted by occupants.
[4] Those considerations were reflected in the starting point proposed by Judge Tuohy, as was the length of Mr Habib’s list of 62 previous convictions for burglary, in adopting a starting point of five years’ imprisonment. That was conveyed in a sentence indication provided on 19 December 2016. It was subject to a 25 per cent reduction in recognition of early guilty pleas. The Judge then sentenced Mr Habib on 10 April 2017.2
[5] On sentencing, the Judge accepted that there had been an arithmetic error in providing a 25 per cent discount from five years’ imprisonment. The correct end sentence was not four years as indicated, but three years and nine months. Consistently with the sentencing indication, the Judge also imposed a minimum period of imprisonment of two years and four months. The…
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- Case
- [2017] NZHC 1750
- Decision Date
CaseChat Overview and Summary
The court found that Habib's mental health issues did impact his culpability and the severity of the sentence, warranting a modest reduction. The court allowed the appeal, reducing the sentence from three years and nine months to three years and six months and reducing the minimum period of imprisonment from two years and four months to one year and ten months. The court emphasized the importance of providing adequate support for Habib's rehabilitation in the community to prevent reoffending.
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