IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI-2015-404-0019
CRI-2014-044-4601 [2015] NZHC 150
DENISE LORI HOWARD
v
NEW ZEALAND POLICE
Hearing: 9 February 2015 Appearances:
D Matthews for the Appellant
K Eastwood for the RespondentJudgment:
12 February 2015
JUDGMENT OF THOMAS J
This judgment was delivered by me on 12 February 2015 at 3.20 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date:………………………….
Solicitors:
Public Defence Service, Manukau. Meredith Connell, Auckland.
HOWARD v NEW ZEALAND POLICE [2015] NZHC 150 [12 February 2015]
Introduction
[1] On 23 November 2014, the appellant, Ms Howard, with others went on a shoplifting spree. She was charged with six counts of theft. Two of the six charges, where the value of the goods was between $500 and $1000, fall under s 223(c) of the Crimes Act 1961 and carry a maximum term of one year’s imprisonment. The other charges, where the value does not exceed $500, fall under s 223(d) of the Crimes Act
1961 and carry a maximum of three months’ imprisonment.1
[2] The Judge sentenced the appellant to six months’ imprisonment and six months’ release conditions on six charges of theft. Only one of the others allegedly involved was charged and her case has yet to be dealt with.
[3] Ms Howard has appealed against that sentence. At the hearing I gave a results judgment confirming that the appeal was allowed. The sentence of imprisonment was set aside and a sentence of 250 hours of community work and 12 months’ supervision was imposed. I now give my reasons for that.
Factual background
[4] The appellant is 42 years old. She is a single woman, has six children and is in receipt of a benefit. Her children are currently looked after by her former partner.
[5] Ms Howard went on a shoplifting spree with two others at the Albany Mega Centre in the North Shore. She took a number of items from various stores in the mall. In total, $2435 worth of property was taken. The stolen goods were all located in the appellant’s vehicle and returned to the stores in saleable condition.
[6] Ms Howard pleaded guilty at the first opportunity.
District Court Decision
[7] On 20 January 2015 Ms Howard was sentenced in the District Court to six
months’ imprisonment on the two charges under s 223(d), with an uplift of one
1 Crimes Act 1961, s 223.
month to take into account the other offending and her previous history with a reduction of one month to take into account her guilty plea.
[8] The Judge stressed that what determined the matter was the appellant’s previous history. The appellant has a number of thefts and other dishonesty offences, beginning in 1992.
[9] The Judge called the offending a “pre-planned shoplifting spree.”2 The focus was on denouncing the conduct, instilling responsibility and imposing a sentence of deterrence.
Ground(s) of Appeal
[10] Ms Howard appeals her sentence on the grounds that the Judge erred in imposing a sentence…
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