IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY
I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE
CRI-2025-441-7
[2025] NZHC 2533
BETWEEN PAUL PHILLIP KEIL
Appellant
AND
THE KING
Respondent
CRI-2025-441-9 BETWEEN
MARK JOHN SHAW
AppellantAND
THE KING
Respondent
Hearing: 26 August 2025 Appearances:
S Jefferson for Appellant Keil R B Philip for Appellant Shaw M J M Mitchell for Respondent
Judgment:
2 September 2025
JUDGMENT OF CULL J
[1] Following a judge-alone trial, Mr Shaw and Mr Keil (the appellants) were convicted of aggravated burglary,1 wounding with reckless disregard2 and unlawful possession of a firearm.3,4 Mr Shaw additionally pleaded guilty to possessing an
1 Crimes Act 1961, s 232(1)(a) and 66; maximum penalty 14 years’ imprisonment.
2 Section 188(2) and 66; maximum penalty seven years’ imprisonment.
3 Arms Act 1983, s 45; maximum penalty four years’ imprisonment.
4 R v Keil [2025] NZDC 3805.
KEIL v R [2025] NZHC 2533 [2 September 2025]
offensive weapon,5 cannabis,6 methamphetamine7 and methamphetamine utensils.8 Mr Shaw was sentenced to six years and six months’ imprisonment and Mr Keil was sentenced to eight years and one month’s imprisonment.9
[2] The appellants appeal their convictions on the basis that the aggravated burglary charge under s 232(1)(a) of the Crimes Act 1961 was not made out as the defendants did not possess a weapon when they entered the caravan. Instead, the appellants say they committed a burglary.10 In the event that the aggravated burglary charge is set aside or replaced with a lesser charge, such as burglary, the appellants appeal their respective sentences.
Background
The offending
[3] This factual summary is taken from the verdicts decision,11 sentencing notes12 and the victim’s evidence, which the Judge generally accepted.
[4] The victim lived in a caravan near a dwelling house that had operating CCTV cameras pointing in the direction of the caravan. Mr Keil and Mr Shaw were each known to the victim. The victim believed Mr Keil was responsible for taking his truck and had phoned the police to place a stolen alert on the vehicle. Separately, Mr Shaw and the victim were involved in a motor vehicle incident prior to this offending.
[5] At 7 am on the morning of 9 August 2023, the victim was asleep in his caravan. Mr Keil and Mr Shaw arrived at the victim’s address in a car. Mr Keil was driving and Mr Shaw was in the front passenger seat. They were disguised, wearing face coverings, clothing that covered their arms and legs, and gloves. On arrival at the property, Mr Keil turned the vehicle around in the driveway and backed up to the caravan. He left the vehicle running with the keys in the ignition as he approached the
5 Section 202A(4)(b); maximum penalty three years’ imprisonment.
6 Misuse of Drugs Act 1975, s 7(1)(a) and (2)(b); maximum penalty three months’ imprisonment.
7 Section 7(1)(a) and (2)(a); maximum penalty six months’ imprisonment.
8 Section 13(1)(a) and (3); maximum penalty one year’s imprisonment.
9 R v Keil [2025] NZDC…
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- Keil v The King [2025] NZHC 2533
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- [2025] NZHC 2533
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CaseChat Overview and Summary
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
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Legal Principle Established
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