Henry v Police

Case [2016] NZHC 800


IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2016-454-7 [2016] NZHC 800

BETWEEN

JAMES WIKI HENRY

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 5 April 2016

Counsel:

E J Forster for Appellant
N J Wynne for Respondent

Judgment:

27 April 2016

JUDGMENT OF CLARK J

I direct that the delivery time of this judgment is

4.00pm on 27 April 2016

HENRY v NEW ZEALAND POLICE [2016] NZHC 800 [27 April 2016]

Introduction

[1]      Mr Henry, the appellant, pleaded guilty to 13 charges of theft (shoplifting),1 one charge of breach of release conditions,2 and one charge of possession of methamphetamine.3

[2]      He was  sentenced  to  nine  months  imprisonment  in  the District  Court  at

Dannevirke on 26 January 2016.4

Factual background

[3]      Six  of the shoplifting charges  involved  theft  from  six  different  stores  in Dannevirke on 16 May 2014.  Between August 2014 and March 2015 the appellant stole on a further seven occasions from a variety of stores.

[4]      The appellant had only recently been released on parole from Whanganui

Prison in August 2014 when he committed the August 2014 theft.

[5]      A small bag containing methamphetamine was found near the appellant in a bedroom when a search warrant was executed in April 2015.

The sentencing decision

[6]      The approach  the District  Court  Judge took  was  to  deal  with  all  of  the shoplifting charges together.  Having fixed a starting point for the shoplifting he then fixed starting points for the remaining two charges: breach of parole and possession of methamphetamine.  A nominal sentence was reached for the three categories of

offending then uplifts and discounts were applied.

1      Eight charges relating to  goods valued under $500 (Crimes Act 1961, ss 219 and 223(d): maximum available sentence three months imprisonment) and five charges relating to goods valued between $500 and $1000 (Crimes Act 1961, ss 219 and 223(c): maximum available sentence one year imprisonment).

2      Parole Act 2002, s 71(1).  Maximum available sentence: one year imprisonment.

3      Misuse of Drugs Act 1975, ss 7(1)(a) and (2).    Maximum available sentence: six  months imprisonment.

4      Police v Henry [2016] NZDC 1102.

[7]      The total value of the stolen goods was calculated to be $5,568.23.   The Judge took a starting point of eight months.  He increased that by two months to take account of previous offending.    The appellant had 92 convictions for dishonesty offences.  A discount of 25 percent was given for early guilty pleas.  This resulted in a sentence of seven and a half months imprisonment.

[8]     For breach of release conditions the Judge started with four months imprisonment.  He reduced that by one month for the appellant’s guilty plea bringing the sentence to three months imprisonment.  (I note, however, from a later passage in his Sentencing Notes that the Judge’s actual sentence on the charge of breach of

release  conditions  was  two  months  imprisonment.5      Consistent  with  this  actual

sentence the Record of Hearing attached to the Charging Document records a two month sentence on conviction for this offence.)

[9]      For possession of…

Continue reading Henry v Police

Sign in free to access the full text

Details
AGLC
Henry v Police [2016] NZHC 800
Case
[2016] NZHC 800
Decision Date

CaseChat Overview and Summary

James Wiki Henry (the appellant) appealed against his sentence of nine months imprisonment imposed by the District Court at Dannevirke for 13 charges of theft, one charge of breach of parole, and one charge of possession of methamphetamine. The sentencing Judge had dealt with all the shoplifting charges together, then fixed starting points for the remaining two charges and applied uplifts and discounts. The appellant's counsel submitted that the sentence was manifestly excessive and that the Judge had failed to assess whether the total period of imprisonment was proportionate to the gravity of the overall offending. The respondent argued that the Judge’s approach was correct and that the sentence was not manifestly excessive.

The Court considered whether there was any error in the sentence warranting interference. It held that the sentence of nine months imprisonment was not disproportionate to the gravity of the appellant’s overall offending. The Court held that it would have been appropriate for the Judge to identify a lead charge, impose a sentence that reflected the criminality of that lead charge and then impose sentences for the remaining offences. However, the departure from the orthodox approach to sentencing did not result in a manifestly excessive sentence. The Court was satisfied that in his approach the Judge had given effect to the totality principle recognised in the Sentencing Act 2002.

The Court dismissed the appeal.

The Court made no orders as to costs.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.