IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2017-409-000160
[2018] NZHC 1230
BETWEEN M
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 22 March 2018 and 24 May 2018 Appearances:
N R Rout for the Appellant
C J Bernhardt for the Crown on 22 March 2018; and S Bicknell Young for the Crown on 24 May 2018
Judgment:
29 May 2018
JUDGMENT OF DUNNINGHAM J
[1] On 3 October 2017, the appellant was sentenced to two years and two months’ imprisonment for a variety of charges.1 He now appeals on the basis that the sentence is manifestly excessive because the Judge double counted a factor. The appellant also wishes to introduce new evidence related to his health which, he submits, justifies an additional discount. A further issue was raised when this matter was first called on 22 February 2018. That was whether the appellant should also receive a discount for assistance he could give the Police on an unrelated criminal matter. The hearing of the appeal was adjourned to allow the respondent to consider the merits of this assertion.
1 The charges were: two counts of burglary, theft from a car, driving while suspended, unlawful possession of explosives, possession of utensils, breaching the Medicine Act 1968, breaching community work and two counts of breaching intensive supervision.
M v NEW ZEALAND POLICE [2018] NZHC 1230 [29 May 2018]
[2] If he is successful in reducing his sentence to a short term of imprisonment on any of these grounds, the appellant seeks leave to apply for home detention.
[3] Leave is required to bring the appeal as it was filed shortly after the time limit for filing the appeal. However, the circumstances of the late filing are fully explained by counsel for the appellant, Mr Rout. I accept that there is no prejudice to the respondent and that leave should be granted.
Background facts
[4] In July 2016, the appellant was sentenced to nine months’ intensive supervision for obtaining by deception. Then, in November and December 2016, he was sentenced to community work. He failed to comply with those sentences and was charged with two breaches of intensive supervision and one breach of community work. The appellant was charged for two failures to report in March 2017. In June 2017, the appellant failed to report for community work as directed.
[5] In early July 2017, the appellant engaged in a series of offences. He entered an enclosed yard and took a moped valued at approximately $2,000. The appellant entered a dwelling house via an insecure door and took various items valued at over
$1,500. In the early hours of the morning, the appellant broke a car window, entered the vehicle and took clothing and personal items valued at $1,100.
[6] The appellant was found driving a stolen vehicle while suspended. When stopped by police he was found in unlawful possession of ammunition, utensils, and non-prescribed medicine.
District Court decision
[7] The Judge considered that…
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- [2018] NZHC 1230
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CaseChat Overview and Summary
The court accepted there was some uncertainty as to whether the Judge double counted the fact that an aggravating feature of the offending was that the burglaries were of dwelling houses. However, the court found that the end starting point reached of 21 months was well within range for this type of offending. The court also found that the new evidence on the appellant’s health did not satisfactorily address what treatment he was able to receive in prison for his diagnosed medical condition, nor what consequences would result if the treatment his family wished to source through a “Buyers Club” was not received. The court further found that the information provided by the appellant was not of sufficient utility to justify a reduction.
The appeal was dismissed.
The court made an order suppressing all details of the information given to the police by the appellant and suppressing the appellant’s name and identifying details. This judgment has been anonymised to reflect those orders.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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