IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2025-409-40
CRI-2025-409-41 [2025] NZHC 608
BETWEEN JARROD ANTONY HOUGHTON
Appellant
AND
THE KING
Respondent
Hearing: 17 March 2025 Appearances:
K L Chalmers and H May for Appellant B W D Alexander for Respondent
Judgment:
21 March 2025
JUDGMENT OF MANDER J
This judgment was delivered by me on 21 March 2025 at 3 pm pursuant to Rule 11.5 of the High Court Rules 2016
Registrar/Deputy Registrar Date: .
HOUGHTON v R [2025] NZHC 608 [21 March 2025]
[1] Jarrod Houghton was sentenced in the Christchurch District Court to three years’ imprisonment by Judge Kellar1 on charges of burglary,2 unlawful possession of a firearm,3 possession of a methamphetamine pipe,4 receiving,5 and the unlawful conversion of a vehicle or other conveyance (being the unlawful taking of a bicycle).6
[2] Mr Houghton was sentenced on 13 March 2024 and seeks leave to appeal his three-year term of imprisonment out of time.7 The appellant and respondent’s submissions and the appellant’s affidavit all state that an end sentence of three years and three months’ imprisonment was imposed. However, Judge Kellar, after referring to the time Mr Houghton had spent on electronically monitored bail (EM bail) states that “… the overall sentence… is one of three years’ imprisonment”.8
[3] Mr Houghton brings his appeal on the basis the Judge erred in his approach to setting the starting point for his dishonesty offending; that a greater deduction should have been applied for the time he spent on EM bail and for various personal mitigating factors.
Factual background
[4] The burglary charge arises out of Mr Houghton and an associate entering the grounds of a local boarding school in the early hours of the morning and breaking into a locked bicycle storage shed. Mr Houghton cut the lock using bolt cutters and five bikes were removed from the shed and taken to a nearby property over the course of a number of trips. Two of the bicycles have since been recovered, but the combined value of the outstanding three bicycles was approximately $8,000.
[5] The unlawful possession of a firearm charge arises from the execution of a search warrant at Mr Houghton’s address. During the search a cutdown double-
1 R v Houghton [2024] NZDC 5693.
2 Crimes Act 1961, s 231(1)(a)—maximum sentence: 10 years’ imprisonment.
3 Arms Act 1983, s 45(1)—maximum sentence: four years’ imprisonment and/or a fine not exceeding $4,000.
4 Misuse of Drugs Act 1975, s 13(1)(a) and (3)—maximum sentence: one year of imprisonment and/or a fine not exceeding $500.
5 Crimes Act, ss 246(1) and 247(a)—maximum sentence: seven years’ imprisonment.
6 Crimes Act, s 226(1)—maximum sentence: seven years’ imprisonment.
7 R v Houghton, above n 1.
8 At [18].
barrelled shotgun containing two rounds of ammunition was located. Also found during the search was small bag that contained empty point bags and a glass pipe for smoking methamphetamine.
[6] In respect of the unlawful taking of…
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- Houghton v The King [2025] NZHC 608
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- [2025] NZHC 608
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CaseChat Overview and Summary
The High Court found that the approach to setting the starting point was debatable but not materially significant. The court also found that while greater credit could have been given for time spent on electronically monitored bail, any reduction would be minor and not materially affect the overall sentence. Finally, the court found that no further credit was warranted for personal mitigating factors, given the overall deductions and discounts already applied.
The appeal was dismissed. The effective sentence of three years’ imprisonment was within the range available to the sentencing Judge and not manifestly excessive.
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