Laine v Police

Link copied
Case Copied 24 min read

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2021-404-000110

[2021] NZHC 1231

BETWEEN

CJ MACDONALD LAINE

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 4 May 2021

Appearances:

HN Kim for Appellant CE Best for Respondent

Judgment:

28 May 2021


JUDGMENT OF FITZGERALD J


This judgment was delivered by me on 28 May 2021 at 3.30pm

Registrar/Deputy Registrar

Date……………………..

Solicitors:        Kayes Fletcher Walker, Auckland To:    H Kim, Auckland

LAINE v NZ POLICE [2021] NZHC 1231 [28 May 2021]

Introduction

[1]    On 4 February 2021, Judge Wharepouri sentenced Mr Laine to 25 months’ imprisonment on two charges each of burglary1 and driving while suspended,2 and one charge each of the theft of property worth over $1,000,3 possession of cannabis,4 possession of methamphetamine5 and failing to appear.6

[2]    Mr Laine now appeals (out of time) saying the sentence was manifestly excessive. In particular, he says an end point within the short-term sentence range should have resulted, and a sentence of home detention then imposed. The appeal is opposed, the Crown saying there is no error in Judge Wharepouri’s sentence.

Extension of Time

[3]    Mr Laine was sentenced on 4 February 2021 but did not file his notice of appeal until 9 March 2021; so, three working days out of time.7 Ms Kim, counsel for Mr Laine, states that the delay was a result of Mr Laine’s transfer between prisons, postal delays and her inability to see him during a COVID-19 lockdown. The Crown, accepting this explanation, does not oppose an extension of time being granted. I accept that an extension ought to be granted and do so.

Background

Offending

[4]    The charges for which Mr Laine was sentenced relate to four unconnected episodes in 2019 and 2020.


1      Crimes Act 1961, s 231(1)(a). Maximum penalty ten years’ imprisonment.

2      Land Transport Act 1998, ss 32(1)(c) and 32(3). Maximum penalty three months’ imprisonment or a fine not exceeding $4,500.

3      Crimes Act 1961, ss 219 and 223(b). Maximum penalty seven years’ imprisonment.

4      Misuse of Drugs Act 1975, ss 7(1)(a) and 7(2). Maximum penalty three months’ imprisonment or a fine not exceeding $500.

5      Sections 7(1)(a) and 7(2). Maximum penalty six months’ imprisonment or a fine not exceeding

$1,000.

6      Bail Act 2000, s 38. Maximum penalty one year’s imprisonment or fine not exceeding $1,000.

7      See Criminal Procedure Act 2011, s 231(2).

[5]    The first two incidents, chronologically speaking, occurred in June 2019. On 5 May 2019, Mr Laine had his driver’s licence suspended for a period of three months, having accrued an excess of demerit points. That period of suspension was accordingly to expire on 4 August 2019. However, on 1 June 2019, so only a few weeks after his licence had been suspended, Mr Laine was stopped by Police while driving on a road in Wellsford, thereby contravening his suspension. When the vehicle was searched, the Police found two zip lock bags containing a total of 2.36 grams of methamphetamine in…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Laine v Police and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2021] NZHC 1231
Decision Date

CaseChat Overview and Summary

The appellant, Mr Laine, appeals the sentence of imprisonment imposed upon him by Judge Wharepouri. Mr Laine was sentenced to 25 months’ imprisonment on two charges each of burglary and driving while suspended, and one charge each of theft of property, possession of cannabis, possession of methamphetamine and failing to appear. The appeal was opposed by the Crown, who submits there is no error in the sentence. The appeal was heard by Fitzgerald J. The court considered the appeal on the basis of four submissions made by counsel for the appellant. First, the court considered whether the starting point adopted on the lead burglary charges was too high. Second, whether the uplift for other offending was excessive. Third, whether the uplifts for previous offending and offending on bail were excessive. Fourth, whether the end sentence was manifestly excessive. The court dismissed the appeal, finding that the sentence imposed was not manifestly excessive. The appeal against sentence is dismissed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.