IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY
CRI-2016-416-11 [2016] NZHC 1565
BETWEEN KEAU JAN LEACH
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 7 July 2016 Counsel:
A W Clarke for Appellant
F E Cleary for RespondentJudgment:
11 July 2016
JUDGMENT OF CLARK J
Introduction
[1] Mr Leach was sentenced on 23 March 20161 on three charges of burglary,2 one charge of breaching the conditions of home detention,3 and one charge of taking a motor vehicle.4
[2] Mr Leach appeals his sentence of two and a half years imprisonment as being manifestly excessive.
Facts
[3] Mr Leach went to the address of a private property in Gisborne and gained access through a window. He took car keys and the Hyundai vehicle parked in the driveway. He drove the Hyundai to another Gisborne address, hitting a vehicle on
1 Police v Leach [2016] NZDC 5039.
2 Crimes Act 1961, s 231(1) (maximum penalty 10 years imprisonment).
3 Sentencing Act 2002, s 80S (maximum penalty 1 years imprisonment).
4 Crimes Act 1961, s 226(1) (maximum penalty 7 years imprisonment).
LEACH v NEW ZEALAND POLICE [2016] NZHC 1565 [11 July 2016]
the way, and then abandoned the stolen vehicle. He entered that address and stole further items: an Xbox, a PlayStation, cellphones and keys.
[4] At yet a further address Mr Leach jumped a fence. He walked into the house through an insecure door. A 15 year old girl was home alone. He rummaged through doors and cupboards. The young girl called the Police. Mr Leach grabbed a laptop from the lounge. The girl’s father returned after receiving a call from his daughter. Mr Leach was disturbed and jumped the fence. The laptop was recovered and he was subsequently apprehended.
District Court decision
[5] The Judge adopted a starting point of two and a half years imprisonment recognising as aggravating features of the offending:
(a) premeditation;
(b)a focus on private dwellings which inevitably involves the possibility of encounter and did, with the 15 year old (although not face to face);
(c) the consequential loss — a vehicle had been taken and damaged.
[6] The Judge uplifted his starting point by six months because the offences were committed while Mr Leach was serving a sentence of home detention imposed for acts of burglary. A further uplift of six months was in recognition of ten prior convictions for burglary and a history of dishonesty.
[7] Two months was deducted for Mr Leach’s youth. He is 18 years old. A further deduction of 10 months imprisonment for his guilty plea resulted in an end sentence of two and a half years imprisonment.
Grounds of appeal
[8] The appeal is brought on the basis that the sentence is manifestly excessive because:
(a) insufficient credit was given for the appellant’s youth; and
(b) the uplifts were excessive.
Submissions
[9] With regard to the uplifts Mr Clarke submitted that imposing a significant uplift for previous convictions and then uplifting again because the offending occurred while the appellant…
Continue reading Leach v Police
Sign in free to access the full text
- AGLC
- Leach v Police [2016] NZHC 1565
- Case
- [2016] NZHC 1565
- Decision Date
CaseChat Overview and Summary
The High Court held that while the starting point of two years and six months imprisonment was appropriate, the additional uplifts applied were justified under the Sentencing Act. The court acknowledged that the cumulative effect of the uplifts resulted in a significant increase to the sentence but found that this was permissible under the legislation. However, the court found that the discount for Leach's youth was insufficient. The court considered that although Leach was not a first-time offender, his age and potential for rehabilitation warranted a greater discount. The court concluded that a six-month discount for youth was appropriate and substituted a sentence of two years imprisonment.
The final orders of the court were to allow the appeal, quash the original sentence, and substitute a sentence of two years imprisonment.
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.