IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY
I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE
CRI-2025-442-000009
[2025] NZHC 1183
BETWEEN RORY RICHARD HERK
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 1 May 2025 Appearances:
E J Riddell for Appellant
D W Baxter for Respondent
Judgment:
15 May 2025
JUDGMENT OF PRESTON J
This is a redacted version of the judgment for publication
This judgment was delivered by me on 15 May 2025 at 3.00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
HERK v NEW ZEALAND POLICE [2025] NZHC 1183 [15 May 2025]
Introduction
[1] Rory Richard Herk (age 42) appeals, as manifestly excessive, the sentence imposed by Judge Snell in the District Court of two years’ and nine months’ imprisonment on the following charges:1
(a)possession for supply of a class C controlled drug, namely cannabis;2
(b)possession of a class A controlled drug, namely methamphetamine;3
(c)possession of a drug utensil;4
(d)possession of a class C controlled drug, namely cannabis;5
(e)dangerous driving;6
(f)driving while suspended (third or subsequent) (x 3);7
(g)dishonestly using a vehicle;8
(h)unlawfully getting onto a motorbike;9
(i)without lawful authority having an offensive weapon in public (x 2);10
(j)carrying an imitation firearm;11
(k)failing to answer bail (x 3);12
1 NZ Police v Herk [2024] NZDC 25679.
2 Misuse of Drugs Act, s 6(1)(f); maximum penalty eight years’ imprisonment.
3 Section 7(1)(a) and subs (2); maximum penalty six months’ imprisonment or $1,000 fine.
4 Section 13(1)(a) and subs (3); maximum penalty one year imprisonment or $500 fine.
5 Section 7(1)(a) and subs (2); maximum penalty three months’ imprisonment or $500 fine.
6 Land Transport Act 1998, s 35(1)(b); maximum penalty three months’ imprisonment or $4,500 fine.
7 Section 32(1)(c) and subs (4); maximum penalty two years’ imprisonment or $6,000 fine.
8 Crimes Act 1961, s 226(1); maximum penalty seven years’ imprisonment.
9 Section 226(2); maximum penalty two years’ imprisonment.
10 Section 202A(4)(a); maximum penalty three years’ imprisonment.
11 Arms Act 1983, s 46(1); maximum penalty one year imprisonment or $4,000 fine.
12 Bail Act 2000, s 38(b); maximum penalty one year imprisonment or $2,000 fine.
A spree of offending
[2] The offending commenced initially with three driving incidents over two weeks in December 2023, before further various offending on four separate occasions in March, April, June and July 2024.
[3] Over this latter period, having been granted bail on the charges he was then facing, Mr Herk also failed to answer his bail on three separate occasions.
[4] I adopt the outline of the offending as set out in the Judge’s sentencing remarks:13
…
[2] The factual circumstances of his alleged offending start off with the dangerous driving charge. The defendant was driving on State Highway 60 which is the coastal highway in the main arterial route between Richmond and Motueka. The posted speed limit was 80 kilometres per hour. The defendant was riding a motorbike and locked by police on radar at 173 kilometres per hour which is quite a bit over…
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