IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE
CRI-2021-412-000054
[2022] NZHC 190
BETWEEN NICHOLAS SCOTT KERR
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 4 February 2022 Appearances:
A de Jager for the Appellant C Power for the Respondent
Judgment:
16 February 2022
JUDGMENT OF NATION J
Introduction
[1] Mr Kerr was sentenced1 to three years and two months’ imprisonment by Judge Robinson on 14 charges of burglary,2 four charges of unlawfully being in a yard3 and one charge of peeping into a dwelling house.4 The Judge also declined an application for permanent name suppression.5 Mr Kerr appeals that decision.
Background
[2] Between July 2018 and November 2020 Mr Kerr burgled or was unlawfully in the yard of student flats in the Queen Street and Harbour Terrace areas of north
1 R v Kerr [2021] NZDC 24526.
2 Crimes Act 1961, s 231(1)(a); maximum penalty 10 years’ imprisonment.
3 Summary Offences Act 1981, s 29(1)(b); maximum penalty three months’ imprisonment.
4 Summary Offences Act, s 30(1)(a); maximum penalty $500 fine.
5 R v Kerr [2021] NZDC 24552.
KERR v POLICE [2022] NZHC 190 [16 February 2022]
Dunedin. He would wear dark, loose fitting clothing in addition to bandannas around his hair and mouth to conceal his identity. If confronted, he would immediately run from properties, jumping fences and using alleyways. Following a burglary, Mr Kerr would sell stolen property to associates or via a fictitious Facebook profile Samantha Peek.
[3] Mr Kerr appeared to target student flats, particularly those occupied by young women. On two occasions in 2018, Mr Kerr stole occupants’ underwear. On one occasion, in September 2020, Mr Kerr ran directly up to a female student’s window. She had just exited the shower and was only wearing a towel. On several occasions, he also cut holes in the victim’s bedroom curtains. As a result of these factors the sentencing Judge found a sexual element was an aggravating factor of Mr Kerr’s offending.6
District Court decision
[4] Judge Robinson carefully set out the principles governing a grant of name suppression.
[5] The principles that stood out as relevant in this case were that publication may help prevent Mr Kerr reoffending and it carries with it an element of personal deterrence.7 The Judge also referred to D v Police, where the Court of Appeal made a number of points relevant to a name suppression application where a risk of self-harm arises.8
[6] The primary argument in support of the application considered by the Judge was that Mr Kerr would self-harm if not granted name suppression and thereby publication would be likely to cause extreme hardship to him and/or endanger his safety.9 In support of that argument was a report from Dr Sellbom, a clinical psychologist. The Judge noted Dr Sellbom’s opinion that Mr Kerr would be of substantially higher risk for self-harm than the average offender, were he pictured and
6 R v Kerr, above n 1, at [100].
7…
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- [2022] NZHC 190
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