IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CRI-2020-463-000017
[2020] NZHC 1053
BETWEEN MARK KIMBER
Appellant
AND
THE QUEEN
Respondent
Hearing: 12 May 2020 Appearances:
P Kaye for the Appellant
A Pollett for the Respondent
Judgment:
20 May 2020
JUDGMENT OF HINTON J
This judgment was delivered by me on 20 May 2020 at 2:00 am
…………………………………………………………………… Registrar/Deputy Registrar
Solicitors/Counsel:
P Kaye, Barrister, Auckland Pollett Legal Limited, Tauranga
KIMBER v R [2020] NZHC 1053 [20 May 2020]
Introduction
[1] Mark Gregory Kimber appeals against a sentence of three years and six months’ imprisonment imposed by Judge IDR Cameron in the District Court at Tauranga on 21 January 2020 with respect to a number of charges, to all of which Mr Kimber had pleaded guilty.1 Judge Cameron had previously given Mr Kimber a sentence indication in respect of those charges on 5 April 2019.2
[2] Mr Kimber says that Judge Cameron erred in adopting too high a starting point in respect of both the kidnapping and methamphetamine related offending for which he was being sentenced. The appellant also says the Judge erred in not affording him discounts or otherwise taking account of his poor mental and physical health, addiction issues and remorse. He also says the discount allowed for rehabilitative efforts was insufficient. As a result of these errors, the appellant says, the sentence imposed was manifestly excessive.
Background
[3]Mr Kimber pleaded guilty to:
(a)two charges of assault with a weapon;3
(b)two charges of male assaults female;4
(c)one charge of kidnapping;5
(d)one charge of unlawful possession of a firearm;6
(e)two charges of unlawful possession of explosives (ammunition);7
1 R v Kimber [2020] NZDC 1271.
2 R v Kimber (Sentencing Indication of Judge IDR Cameron) DC Tauranga CRI-2018-070-653, 5 April 2019.
3 Crimes Act 1961, s 202C. Maximum penalty 5 years’ imprisonment.
4 Section 194(b). Maximum penalty 2 years’ imprisonment.
5 Section 209. Maximum penalty 14 years’ imprisonment.
6 Arms Act 1983, s 51. Maximum penalty 3 years’ imprisonment or a fine not exceeding $4000.
7 Section 45(1). Maximum penalty 4 years’ imprisonment or a fine not exceeding $5000.
(f)one charge of possession of utensils for the consumption of methamphetamine;8 and
(g)one charge of possession of methamphetamine for supply.9
[4] The summary of facts, on the basis of which Judge Cameron had given Mr Kimber his sentence indication, records the following.
[5] Mr Kimber had been in a relationship with the victim of the violence offending for seven years prior to the offending. At some point in July or August 2017, Mr Kimber and the victim were at their home address when Mr Kimber became angry. He tried to hit the victim in the head with the crutch he had used for mobility since a motorcycle accident in 2008. She blocked his swing, causing the crutch to instead hit her elbow, causing nerve damage in her arm.
[6] On 12 January 2018,10 Mr Kimber and the victim were in a house bus…
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