IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2020-404-188
[2020] NZHC 2134
BETWEEN DANIEL RANDALL JAMES
Appellant
AND
THE QUEEN
Respondent
Hearing: 3 August 2020 Counsel:
A M Cameron for Appellant D B Dow for Respondent
Judgment:
21 August 2020
JUDGMENT OF BREWER J
This judgment was delivered by me on 21 August 2020 at 3:00 pm
Registrar/Deputy Registrar
Solicitors:
Meredith Connell (Auckland) for Respondent
JAMES v R [2020] NZHC 2134 [21 August 2020]
Introduction
[1] On 28 May 2020, Judge BA Gibson sentenced Mr James to 35 months’ imprisonment.1 Mr James now appeals that sentence contending it is manifestly excessive. The sole issue on the appeal is whether Judge Gibson erred in declining to give a discount for the matters discussed in a cultural report put forward under s 27 of the Sentencing Act 2002 such that a lesser sentence should be imposed.
Background
[2] Mr James was sentenced on five charges. They were unlawfully taking a motor vehicle2, burglary of commercial premises3 ($7,000 of goods being taken), failing to stop4, endangering transport5 and reckless driving.6
[3] The facts, in brief, are that Mr James took a motor vehicle which he used in the burglary of commercial premises from which $7,000 of goods were taken. Later, he failed to stop for police and fled in the stolen vehicle. Mr James, in an effort to escape from the police, drove onto the State Highway 16 motorway and travelled the wrong way towards oncoming traffic. Cars on the offramp and motorway took evasive action to avoid colliding with the vehicle driven by Mr James. Fortunately, there was no accident. The charges of endangering transport and reckless driving arise from this narrative.
[4] Mr James was 40 years old at the time of the offending. As a young man aged from 16 to 22 years he acquired a considerable criminal record centred around driving and dishonesty offences. However, he then ceased offending for a period of about 15 years (if a 2009 conviction for resisting police, for which he was directed to come up for sentence if called upon, is disregarded). This coincided with Mr James entering into a long-term relationship and becoming a father.
1 R v James [2020] NZDC 9618.
2 Crimes Act 1961, s 226(1). Maximum sentence of 7 years’ imprisonment.
3 Section 231. Maximum sentence of 10 years’ imprisonment.
4 Land Transport Act 1998, s 52A. Maximum penalty of $10,000 fine.
5 Crimes Act 1961, s 270(1)(a). Maximum sentence of 14 years’ imprisonment.
6 Land Transport Act 1998, s 35(1)(a). Maximum sentence of 3 months’ imprisonment or $4,500 fine.
[5] The offending for which Mr James was sentenced by Judge Gibson occurred shortly after Mr James’s relationship with his partner broke down and the two separated. Mr James, who had been employed during the period when he was not offending, left his employment when his marriage broke up. He chose not to apply for a benefit but to…
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- James v The Queen [2020] NZHC 2134
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- [2020] NZHC 2134
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CaseChat Overview and Summary
This case highlights the importance of considering an offender’s background and cultural context in sentencing, particularly in cases where there is systemic deprivation. However, the court must also consider the offender’s capacity to avoid offending and the seriousness of the offending. In this case, the court found that while Mr James’s background was important context to his offending, the appropriate discount was small as he was capable of living crime-free for the majority of his adult years. The court emphasised the need for a causative link between an offender’s background and their offending to award a discount.
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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