IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-404-000345
[2020] NZHC 2602
BETWEEN MISTY HEKE
Appellant
AND
THE QUEEN
Respondent
Hearing: 22 September 2020 Appearances:
Matthew Timmins for the Appellant Matthew Davie for the Respondent
Judgment:
5 October 2020
JUDGMENT OF MOORE J
[Appeal against sentence]
This judgment was delivered by me on 5 October 2020 at 10:30 am.
Registrar/ Deputy Registrar Date:
HEKE v R [2020] NZHC 2602 [5 October 2020]
Introduction
[1] On 22 January 2020, Ms Misty Heke pleaded guilty to excess breath alcohol causing injury,1 failing to stop and ascertain injury,2 failing to stop when followed by red/blue flashing lights,3 and driving with a breath alcohol level over 400 micrograms per litre of breath.4
[2] On 26 May 2020, following a sentence indication delivered by Judge B A Gibson on 19 May 2020,5 Ms Heke pleaded guilty to causing grievous bodily harm with intent to cause grievous bodily harm,6 and assault with a weapon.7
[3] On 21 July 2020 the Judge sentenced Ms Heke to five years’ imprisonment in the District Court at Auckland.8 Ms Heke appeals her sentence on two grounds:
(a)first, the Judge erred in his application of the guilty plea discount; and
(b)secondly, the Judge failed to give any discount for cultural and background factors (pursuant to s 27 of the Sentencing Act 2002).
The offending
[4] The following descriptions are drawn from the summaries of fact to which Ms Heke pleaded.
[5] There are two sets of offending. The first, committed in February 2019, relates to a drunk driving episode which started with serious violence being inflicted to two motorcyclists followed by a Police pursuit. The second, also involving alcohol,
1 Land Transport Act 1998, s 61(1)(a). Maximum penalty is five years’ imprisonment or $20,000 fine, and disqualification from holding or obtaining a drivers licence for one year or more.
2 Section 36(1)(c). Maximum penalty is five years’ imprisonment or $20,000 fine, and disqualification from holding or obtaining a drivers licence for one year or more.
3 Sections 52A(a)(ii) and 52A(3). Maximum penalty is $10,000 fine, disqualification from holding or obtaining a driver licence for six months.
4 Section 56(2). Maximum penalty is three months’ imprisonment or a $4,500 fine, disqualification from holding or obtaining a driver licence for six months or more.
5 R v Heke DC Auckland CRI-2019-044-000444, 19 May 2020.
6 Crimes Act 1961, s 188(1). Maximum penalty is 14 years’ imprisonment.
7 Section 202C. Maximum penalty is five years’ imprisonment.
8 R v Heke [2020] NZDC 14133.
occurred in April 2019 and relates to a violent altercation Ms Heke had with her neighbour. I shall summarise each.
February offending
[6]At the time of the offending, Ms Heke was 19 years old.
[7] On 2 February 2019 at approximately 4:00 pm, Ms Heke was driving near Warkworth. As she approached a junction with State Highway 1 (SH1), a number of motorcycles were stationary at a give way sign, waiting…
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- Heke v The Queen [2020] NZHC 2602
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- [2020] NZHC 2602
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