IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2024-404-645
[2024] NZHC 3768
BETWEEN MATTHEW DAVID HYLAND
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 10 December 2024 Appearances:
S Kim for Appellant
F Ganchi for Respondent
Judgment:
10 December 2024
(ORAL) JUDGMENT OF WILKINSON-SMITH J
Solicitors/Counsel:
Public Defence Service, Auckland Meredith Connell, Auckland
HYLAND v NEW ZEALAND POLICE [2024] NZHC 3768 [10 December 2024]
Introduction
[1] Matthew Hyland appeals against an end sentence of 27 months’ imprisonment imposed on charges of:1
(a)two counts of burglary;2
(b)unlawfully taking a motor vehicle;3
(c)using a document for pecuniary advantage;4
(d)aggravated assault;5
(e)theft (under $500);6
(f)resisting police;7 and
(g)possession of methamphetamine.8
[2]Mr Hyland appeals on the basis that:
(a)the global starting point adopted in the District Court of three years and four months’ imprisonment was too high;
(b)there was a failure to give due weight to the efforts in rehabilitation; and
1 New Zealand Police v Hyland [2024] NZDC 27501.
2 Crimes Act 1961, s 231(1)(a). Maximum penalty: 10 years’ imprisonment.
3 Section 226(1)(a). Maximum penalty: seven years’ imprisonment.
4 Section 228(1)(b). Maximum penalty: seven years’ imprisonment.
5 Section 192(1)(c). Maximum penalty: three years’ imprisonment.
6 Sections 219 and 223(d). Maximum penalty: three months’ imprisonment.
7 Summary Offences Act 1981, s 23(a). Maximum penalty: three months’ imprisonment or $2,000 fine.
8 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(a). Maximum penalty: six months’ imprisonment or
$1,000 fine.
(c)there was a failure to give due weight to Mr Hyland’s personal circumstances leading up to the offending that could be attributed as s 27 factors.
[3] The Crown opposes the appeal and says that the end sentence was not manifestly excessive, although acknowledging that the uplift of 22 months for the offending other than the burglary could be described as stern.
Background
[4] On the afternoon of 30 March 2024, Mr Hyland went to a property in Grey Lynn which was the home of a person known to him. He went inside the house and took the keys to the victim’s vehicle which he then used to take the victim’s car. This led to a charge of unlawfully taking a motor vehicle.
[5] On the morning of 3 April 2024, Mr Hyland was with an associate at a property in Dairy Flat. He was told by the occupier to leave — he did not leave immediately. He took items from the property. In the District Court decision, the Judge recorded that Mr Hyland took a motor vehicle and other items from the property. It is now accepted that was not correct. In fact, Mr Hyland took items which were his own items and put them into the motor vehicle he had unlawfully taken on 30 March and was using at the time. The charge in respect of the 3 April offending was a charge of burglary.
[6] The Judge at sentencing was led to believe that the 3 April offending involved a second unlawful entry and…
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- Case
- [2024] NZHC 3768
- Decision Date
CaseChat Overview and Summary
The Court's reasoning highlights the importance of accurate factual basis in sentencing. The appeal was allowed due to the District Court's reliance on incorrect facts, leading to an overall end sentence that was disproportionate to the gravity and features of the offending. The Court emphasizes that while sentencing is not a science, appellate courts will intervene if the end sentence is outside the range available to the sentencing judge. This decision underscores the need for accurate and comprehensive factual information in sentencing to ensure just outcomes.
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