IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2020-409-000135
[2020] NZHC 2742
BETWEEN ANAHERA PONO MACDONALD
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 15 October 2020 Appearances:
M Starling for the Appellant P Norman for the Respondent
Judgment:
16 October 2020
JUDGMENT OF NATION J
[1] Anahera MacDonald pleaded guilty to one charge of making a false statement and two charges of wilful damage. On 24 July 2020, she was sentenced to 13 months’ imprisonment.1 On 9 September 2020, Judge Couch declined Ms MacDonald’s application to substitute a sentence of home detention.2 On 11 September 2020, Ms MacDonald lodged an appeal against that refusal.
[2] On the hearing of the appeal, it became apparent Ms MacDonald needed to appeal against the sentence imposed on 24 July 2020.
1 Police v MacDonald [2020] NZDC 14545 [24 July decision].
2 Police v MacDonald DC Christchurch CRI-2019-042-391, 8 September 2020 (8 September decision).
MACDONALD v POLICE [2020] NZHC 2742 [16 October 2020]
Facts
[3] On 21 October 2018, Ms MacDonald made a statement to the Police that her partner, Mr Metuamate, had assaulted her earlier that day. He was arrested and remanded in custody. On 8 December 2018, Ms MacDonald made a second statement in which she said the first statement was incorrect. Mr Metuamate was released.
[4] On 12 April 2020, Ms MacDonald entered into a verbal argument with Mr Metuamate while on a city street. She threw a handful of stones at him. The stones missed Mr Metuamate but shattered a store window.
[5] On 16 April 2020, following another verbal argument, Ms MacDonald chased Mr Metuamate down the road and, again, threw rocks at him. One of the rocks smashed the rear window of a parked car.
Procedural history
[6] On 25 February 2019, Ms MacDonald was charged with making a false statement.
[7] On 1 July 2019, Judge Cameron gave a sentence indication of a starting point of 12 to 15 months’ imprisonment, with an end sentence of four months’ home detention, on the false statement charge and another charge of breaching community work. On 8 July 2019, Ms MacDonald accepted that sentence indication, pleaded guilty and the sentencing was set down for 4 October 2019. Ms MacDonald was pregnant, with her child due in September 2019, hence the delay.
[8] Ms MacDonald’s sentencing was rescheduled on multiple occasions either to allow a suitable home detention address to be found or because she was too late for court for the sentencing to proceed on the day.
[9] On 6 March 2020, Judge Couch permitted Ms MacDonald to vacate her plea of guilty to the false statement charge. She was remanded on bail to 20 March 2020. It appears the remand to 20 March 2020 was to give her the opportunity to find an address for a sentence of home detention.
[10] On 20 March 2020, Ms MacDonald appeared before Judge Couch and re- entered a guilty plea on the false…
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- AGLC
- MacDonald v Police [2020] NZHC 2742
- Case
- [2020] NZHC 2742
- Decision Date
CaseChat Overview and Summary
The court considered the Sentencing Act 2002 and previous case law, which emphasised the principles of denunciation and deterrence. It noted that the original sentence indication was for a starting point of 12 to 15 months' imprisonment, with an end sentence of four months' home detention. The court found that the original sentence was manifestly excessive and that an appropriate sentence would have been eight months' imprisonment, accounting for discounts for youth, background, and guilty pleas. The court also considered Ms MacDonald's troubled upbringing, substance abuse, and propensity for violence but acknowledged her low risk of reoffending.
The High Court allowed the appeal, quashed the original sentence of 13 months' imprisonment, and sentenced MacDonald to eight months' imprisonment for making a false statement and one month imprisonment for the two charges of wilful damage, concurrent with each other and with the eight months' sentence. The court also imposed special release conditions to address Ms MacDonald's alcohol and drug issues and require her to attend any directed treatment or counselling.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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