IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY
CRI-2017-412-000010 [2017] NZHC 822
BETWEEN COREY PAUL LEDGERWOOD
Appellant
AND
THE QUEEN Respondent
Hearing: 26 April 2017 Appearances:
B P Kilkelly for Appellant
F Biggs for CrownJudgment:
28 April 2017
JUDGMENT OF DUNNINGHAM J
[1] The appellant pleaded guilty to, and was convicted of, one charge of attempting to pervert the course of justice,1 and two charges of breach of parole conditions.
[2] The appellant was sentenced to a total of two years nine months’
imprisonment on the three charges.
[3] The appellant appeals that sentence on the grounds that it was manifestly excessive. The appeal is advanced on the grounds that:
(a) the end sentence of two years nine months was manifestly excessive; (b) the starting point was too high;
(c) the uplifts, totalling nine months, were excessive.
1 Crimes Act 1961, s 117.
LEDGERWOOD v THE QUEEN [2017] NZHC 822 [28 April 2017]
The District Court decision
[4] The appellant was sentenced by Judge Crosbie on 25 January 2017.2
[5] The Judge outlined the facts of the offending, which involved the defendant communicating on Facebook with the complainant in an assault charge against the appellant’s brother. The appellant communicated on Facebook with sent messages to the complainant describing him as a “snitch” and a “nark” and sending veiled threats if he gave evidence in Court.
[6] The Judge noted the appellant’s explanation that he had sent the messages out of frustration. However, he emphasised the seriousness of the lead charge which he said “strikes at the very heart of the criminal justice system and everything we do in this place”.3 The Judge also noted the appellant’s particular offending was not in the most serious of cases, but it was “moderately so”.4
[7] The Judge emphasised that, in light of the principles and purposes of sentencing:5
[t]oday is about holding you to account and promoting in you some responsibility…
[t]oday is also about deterrence, sending a specific message to you because there is just too much of you coming back.
[8] The Judge then referred to authority cited to him by counsel which satisfied him that a starting point of around three years was appropriate. To that starting point of three years, the Judge uplifted by a total of nine months to reflect the appellant’s previous convictions, the fact he offended while on parole, and the separate charges of breach of parole conditions, which involved consuming alcohol, and associating with a victim of his offending.
[9] An end sentence of two years nine months’ imprisonment was reached after affording the appellant a full 25 per cent credit for early guilty pleas.
2 R v Ledgerwood [2017] NZDC 1466.
3 At [5].
4 At [16].
5 At [8] and [10].
Principles on appeal
[10] Appeals against sentence are brought under s 244 of the Criminal Procedure Act 2011, and must be determined in accordance with s 250 of that Act. Specifically, this Court may only allow an appeal against sentence…
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- Ledgerwood v R [2017] NZHC 822
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- [2017] NZHC 822
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CaseChat Overview and Summary
The final orders were that the sentence of two years and nine months, looked at in totality, was not manifestly excessive. The appeal was dismissed. The appellant's legal representation was Brian Kilkelly, and the Crown was represented by Crown Law.
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