Harrison v Police

Case [2016] NZHC 126


IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI-2015-419-000045/46 [2016] NZHC 126

BETWEEN

RAHUIA HARRISON

Plaintiff

AND

NEW ZEALAND POLICE Respondent

Hearing: 4 February 2016

Appearances:

G A Walsh for Appellant
T A Needham for Respondent

Judgment:

10 February 2016

JUDGMENT OF KEANE J

This judgment was delivered by me on 10 February 2016 at 4pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Crown Solicitor, Hamilton

HARRISON v POLICE [2016] NZHC 126 [10 February 2016]

[1]      On 27 October 2015 Rahuia Harrison was sentenced in the District Court, Hamilton, to imprisonment for four years, two months, for 89 property offences, committed in four phases between May 2014 – January 2015.

[2]      In imposing that sentence Judge R L B Spear took a two year starting point for Ms Harrison’s primary initial offence; a representative charge of burglary during the first phase of that offending, between 22 May – 26 July 2014, reflecting five distinct offences.  In each of those five instances Ms Harrison went into the private areas of shops, sometimes relying on others to distract the staff, intent on taking cash and credit cards from the staff ’s handbags and wallets.

[3]      The Judge took a cumulative three year starting point for the balance of Ms Harrison’s offending (four related theft offences, 13 receiving offences, and 72 offences of dishonestly using a document, the credit cards Ms Harrison stole or received), which he reduced to two years to accord with the principle of totality.  His cumulative starting point for her total offending became, therefore, four years.

[4]      The Judge increased that starting point by 12 months (20%) to mark Ms Harrison’s very extensive previous convictions for indistinguishable offending and by a further six months (9%) because she had committed all of her offences, after those in the first phase, while on EM bail.  He reduced that heightened starting point, five years, six months, by seven months (10.6%) for her participation in a restorative justice conference, and by a further nine months (15.25%) on account of her plea.

[5]      On this appeal against her sentence, Ms Harrison contends that the Judge’s starting  point  for  the  representative  burglary  offence  was  excessive.    Her  five offences within that offence were not, she contends, to be equated with house burglaries, as the Judge, she says, apparently assumed.  They were not as invasive. Nor did they involve any equivalent risk to occupants.   His starting point for that representative offence ought not to have been more than 18 months.

[6]      Ms  Harrison  does  not  challenge,  as  such,  the  Judge’s  reduced  two  year starting point for her remaining offences.   She accepted on the appeal that her offending as a whole might have warranted a total starting point of three years, six

months.  She does contend that the Judge’s initial three year starting point for that remaining offending was excessive.

[7]      Those are the issues on this appeal.  Ms Harrison does not contend that her cumulative sentence was wrong in principle.  Nor…

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Harrison v Police [2016] NZHC 126
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[2016] NZHC 126
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CaseChat Overview and Summary

In the High Court of New Zealand, the case of Harrison v Police involved the defendant, Rahuia Harrison, who was sentenced to four years and two months in prison for 89 property offences committed between May 2014 and January 2015. The defendant appealed against her sentence, arguing that the starting point for the representative burglary offence was excessive and that the starting point for the remaining offences was also too high. The central issue was whether the starting points for the offences appropriately reflected the seriousness of the offending and whether the total sentence was proportionate to the gravity of the overall offending.

The court examined the principles of sentencing, particularly the intrinsic seriousness of the offending and the principle of totality. It considered whether the starting points adopted by the Judge were consistent with those taken in similar cases. The court found that while the starting point for the burglary offence was indeed excessive, the overall starting point for the remaining offences was appropriate. The court concluded that the total starting point was proportionate to the defendant's entire offending, and thus dismissed her appeal.

The court's judgment highlights the need for careful assessment of the seriousness of each offence and the overall offending when determining starting points and the total sentence. The principles of sentencing, including the principle of totality and the need for a composite evaluation of culpability, were crucial in this decision. The court ultimately found that the sentence imposed was not manifestly excessive and was proportionate to the gravity of the defendant's overall offending.

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