IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2017-416-19 [2017] NZHC 2833
BETWEEN PARIS HUATA
Appellant
AND
THE QUEEN Respondent
Hearing: 1 November 2017 Appearances:
N Wright for the Appellant
A Richards for the RespondentJudgment:
17 November 2017
JUDGMENT OF CULL J
[1] Mr Huata pleaded guilty to the following four charges: wilfully attempting to pervert the course of justice,1 escaping custody,2 possession of an offensive weapon3 and intimidation.4 On 7 September 2017, Mr Huata was sentenced to five months’ home detention by Judge Cathcart.5
[2] Mr Huata appeals his sentence on the basis the Judge gave insufficient discount for time spent on electronically-monitored (EM) bail, which resulted in a manifestly excessive sentence. The Crown opposes this appeal and submits the discount given
by the Judge, of five months for time spent on EM bail, was entirely within range of
1 Crimes Act 1961, 117(e). Maximum penalty is seven years’ imprisonment.
2 Section 120(1)(c). Maximum penalty is five years’ imprisonment.
3 Section 202A(4)(a). Maximum penalty is three years’ imprisonment.
4 Summary Offences Act 1981, s 21(1)(a). Maximum penalty is three months’ imprisonment or a fine not exceeding $2,000.
5 R v Huata [2017] NZDC 23404.
HUATA v THE QUEEN [2017] NZHC 2833 [17 November 2017]
the Judge’s discretion. Further, the Crown argues the overall sentence placed on Mr
Huata was lenient in the circumstances and should not be disturbed on appeal.
[3] The key issue in this case was whether a discount of five months’ for 15 months’ spent on EM bail was in error at sentencing and whether that resulted in a sentence which was outside the available range.
Factual background
[4] On 2 March 2016, Mr Huata was driving a car in Raupunga with his brother in the vehicle. Constable Prentice stopped the vehicle as he had seen a trailer connected to it with no number plate and no lights. The vehicle also had a smashed windscreen with no registration or warrant of fitness sticker attached. Both men knew Constable Prentice.
[5] Mr Huata was uncooperative in Constable Prentice’s dealings with him and challenged the Constable to a fight. The Constable could smell a strong smell of cannabis coming from within the vehicle. He invoked his search powers and advised the two men he would search the vehicle. At this point, Mr Huata told the Constable he was not to search the vehicle and continued to threaten to fight him.
[6] The Constable began to search the vehicle and observed a white package in the centre console, which he suspected contained cannabis. He also saw a baseball bat down the side of the driver’s seat. The Constable placed Mr Huata under arrest for possession of an offensive weapon. Mr Huata tried to start the vehicle to leave the scene and told the Constable he would not be arrested. The Constable then requested back-up from Wairoa.
[7] Mr Huata grabbed the baseball bat, told the Constable he would not…
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- AGLC
- Huata v R [2017] NZHC 2833
- Case
- [2017] NZHC 2833
- Decision Date
CaseChat Overview and Summary
The final orders of the court were that the appeal be dismissed and that Mr Huata’s sentence of five months’ home detention, with conditions, remain in place.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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