IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
I TE KŌTI MATUA O AOTEAROA TŪRANGANUI-A-KIWA ROHE
CRI-2019-416-10
[2019] NZHC 1816
BETWEEN MICHAEL JONES
Appellant
AND
THE QUEEN
Respondent
Hearing: 26 July 2019 Appearances:
V L Thorpe for Appellant
K L Kensington for Respondent
Judgment:
30 July 2019
JUDGMENT OF GRICE J
[Appeal against sentence]
[1] Mr Jones appeals a sentence of three years and nine months’ imprisonment imposed by the District Court on 22 March 2019.1 The charges on which Mr Jones was convicted were aggravated burglary;2 discharging a firearm with intent to injure;3 and assault with a weapon.4
[2] On the aggravated burglary charge, the final sentence was three years and nine months’ imprisonment. The sentence on each of the other charges was two years’ imprisonment. All sentences run concurrently.5 On the conviction for aggravated robbery Mr Jones was given a three strikes warning.6
1 R v Jones [2019] NZDC 5391.
2 Crimes Act 1961, ss 66(1)–(2) and 232(1)(a); maximum penalty of 14 years’ imprisonment.
3 Sections 66(1)–(2) and 198(2); maximum penalty of seven years’ imprisonment.
4 Sections 66(1)–(2) and 202C; maximum penalty of five years’ imprisonment.
5 R v Jones, above n 1, at [47]–[50].
6 At [1]–[3].
JONES v R [2019] NZHC 1816 [30 July 2019]
[3] The issue in this appeal is whether the Judge should have applied a global discount for Mr Jones’ guilty plea and personal mitigating factors.
[4] The Judge followed the process of first deducting 18 months’ imprisonment from the starting point of 78 months for personal mitigating factors, before applying the guilty plea discount of 25 per cent to that discounted amount. The Judge’s application of discrete discounts resulted in a sentence of 45 months, or three years and nine months’ imprisonment. Combining the early guilty plea of 25 per cent and the personal factors discount of 18 months, or 23 per cent, would have resulted in a 48 per cent discount from the starting point of 78 months. That the combined approach been followed, the final sentence would have been 40 months imprisonment, or three years and four months’ imprisonment.
Background
[5] The facts leading to Mr Jones’ convictions are not in dispute. The Judge outlined the background as follows:7
[4] As you know, you appear for sentence not only on that aggravated burglary charge, but also the charges of discharging a firearm with intent to injure and assault with a weapon. There are agreed facts. There is no suggestion by the Crown you personally carried out any one of the specific physical acts mentioned, notwithstanding your desire to claim otherwise. I will talk about this shortly.
[5] The Crown presents your culpability as a party. At the outset, the Crown contends that along with your two co-offenders you are equally culpable for what occurred on 25 April 2018 as far as gravity of offending is concerned.
[6] At approximately 6.30 pm on 25 April 2018 you and your two associates (one of whom remains unknown) travelled to…
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- Jones v The Queen [2019] NZHC 1816
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- [2019] NZHC 1816
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