IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-097
[2019] NZHC 1172
BETWEEN PETER HARVEY LEE
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 27 May 2019 Appearances:
J I C Schlebusch for the Appellant
L J Fraser and T L Tuiburelevu for the Respondent
Judgment:
27 May 2019
ORAL JUDGMENT OF PALMER J
Solicitors: Crown Solicitor, Auckland Counsel: J Schlebusch, Whangaparoa
LEE v POLICE [2019] NZHC 1172 [27 May 2019]
What happened?
[1] On 18 March 2018, Mr Peter Lee entered his partner’s house, where he resides, carrying a knife and they argued about the use of her cellphone. He threw the knife in the wall. She went to a separate bedroom. He smashed the front door. The next day, they argued over their relationship. Mr Lee threw a plate and cup at the wall, smashing them. She locked herself in the bedroom. He kicked the door down and dragged her to the floor by her ponytail saying “this is what it’s like to get abused”. She received bruises and lost a large chunk of hair. She signalled to a neighbour to call the Police.
[2] One evening in early June 2018, Mr Lee forced entry into a Habitat for Humanity store in Panmure, Auckland. He smashed glass cabinets causing damage of around $800 and took jewellery of an unknown value. In July 2018, he stole a vehicle in Highland Park. He was arrested on 19 July 2018, while driving it in Auckland. He was granted Police bail but failed to attend when required. That may have been because, around that time, he was burgling three baches, belonging to his former neighbours at Waihi Beach. He caused around $1,500 in damage to one bach and took electrical goods and other household items from the other two, valued for reparation purposes at around $20,000. An owner spotted him in the kitchen of one bach before he ran away.
[3] Mr Lee pleaded guilty to four charges of burglary, of the three baches and the Habitat for Humanity store, male assaults female, wilful damage of the bedroom door, unlawfully getting into a motor vehicle and breach of bail. In January 2019, in the Auckland District Court, Judge B A Gibson noted he would be justified in sentencing Mr Lee cumulatively for the family violence offending (which counsel today both acknowledge) but he later stated that, “of course” the sentences would be concurrent.1 He fixed a starting point of four years’ imprisonment, for the burglaries, breach of bail and motor vehicle offences.2 He uplifted the starting point by six months for the male assaults female and wilful damage offences on a totality basis although, standing on their own, he would have looked at a nine to 10 month starting point for those offences.
1 New Zealand Police v Lee [2019] NZDC 209 at [2] and [12].
2 At [8]. An addendum added by the judge on the afternoon of the sentencing suggested the…
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- Lee v Police [2019] NZHC 1172
- Case
- [2019] NZHC 1172
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CaseChat Overview and Summary
The High Court found that while the starting point for the burglary, bail, and motor vehicle charges was set too high at four years, a reasonable starting point would have been three years and six months. The court also found that the family violence charges could have been imposed cumulatively, as they were different in nature and time. The court concluded that despite these errors, the overall sentence of three years and two months was within the range available to the sentencing judge and was not manifestly excessive. Therefore, the appeal was dismissed.
In summary, the High Court found that although there were errors in the sentencing process, they did not warrant a different sentence to be imposed. The appeal was dismissed, and the original sentence of three years and two months' imprisonment was upheld.
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