Lester v The the King

Case [2022] NZHC 2945


IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CRI-2022-412-20

[2022] NZHC 2945

BETWEEN

REGAN JAMES LESTER

Appellant

AND

THE KING

Respondent

CRI-2022-412-21

BETWEEN

REGAN JAMES LESTER
Appellant

AND

THE KING

Respondent

Hearing: 8 November 2022 (by way of AVL)

Appearances:

M J Scally for Appellant R D Smith for Respondent

Judgment:

9 November 2022


JUDGMENT OF EATON J


This judgment was delivered by me on 9 November 2022 at 3.45 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

LESTER v R [2022] NZHC 2945 [9 November 2022]

Introduction

[1]    Following a sentence indication, Regan Lester pleaded guilty to a charge of burglary.1 While awaiting sentence on that charge he committed further offences of unlawfully interfering with motor vehicles,2 burglary,3 careless driving,4 and driving while  disqualified.5    Following  his  guilty  pleas  to  those  additional  charges,  on 2 February 2022 he was sentenced in the District Court at Dunedin by Judge Turner to two years and two months’ imprisonment.6

[2]    Mr Lester appeals this sentence. He says that the uplifts for offending while on sentence and on bail were too high. He also applied to admit a cultural report into evidence. He contends that the end sentence should have been in the range in which home detention could have been imposed.

Appeal out of time

[3]Mr Lester was sentenced on 2 February 2022.

[4]His appeal is undated. It was filed well out of time, on 2 June 2022.

[5]    Ms Scally, who was not acting for Mr Lester at sentencing, is unable to explain the late filing of the appeal.   It seems most likely that, following the sentencing,    Mr Lester lost contact with his counsel and did not seek advice as to an appeal.

[6]    Mr Smith, for the prosecution, takes no issue with leave being granted to appeal out of time. Accordingly, and not without some reluctance, I will grant leave.


1      Crimes Act 1961, s 231(1)(a) – maximum penalty of 10 years’ imprisonment.

2      Crimes Act, s 226(2) – maximum penalty of two years’ imprisonment.

3      Crimes Act, s 231(1)(a) – maximum penalty of 10 years’ imprisonment.

4      Land Transport Act 1998, ss 8 and 37(1) – maximum penalty of a fine of $3,000 and disqualification from holding or obtaining a driver’s licence for such period as the court thinks fit.

5      Land Transport Act, ss 5(1)(c), 32(1)(a) and 32(3) – maximum penalty of three months’ imprisonment or a fine of $4,500, and disqualification from holding or obtaining a driver’s licence for at least six months.

6      R v Lester [2022] NZDC 1647.

Facts

[7]    Between 31 December 2020 and 5 January 2021, Mr Lester entered the victim’s property on Norwood Street, North Dunedin. Wearing gloves, he forced open a secure window to the office of the house. He climbed in the window and searched the house, opening drawers and moving items around. Mr Lester stole a vase from a table in the hallway, a television from…

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AGLC
Lester v The the King [2022] NZHC 2945
Case
[2022] NZHC 2945
Decision Date

CaseChat Overview and Summary

Regan James Lester was sentenced to two years and two months’ imprisonment by the District Court for a number of offences, including two instances of burglary. He appeals his sentence, arguing that the uplifts for offending while on sentence and on bail were too high, and that a cultural report should have been admitted as fresh evidence. Lester argues that the sentence should have been in the range in which home detention could have been imposed. The appeal was allowed out of time. The court found that the uplifts for offending while on sentence and on bail were too high and should have been 10-15%, rather than 20%. However, the court found that the sentence imposed was not manifestly excessive, and the appeal was dismissed. The cultural report was not admitted as fresh evidence, as it was largely based on self-reporting and did not add greatly to the pre-sentence report.

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Background

Background to the litigation

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Evidence Before The Court

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