IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-374
[2019] NZHC 3427
BETWEEN CHRISTOPHER MAJURY
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 2 December 2019 Appearances:
S Kimberley for the Appellant
B Charmley for the New Zealand Police
Judgment:
19 December 2019
JUDGMENT OF POWELL J
This judgment was delivered by me on 19 December 2019 at 3.30 pm Registrar/Deputy Registrar
Date:
MAJURY v NEW ZEALAND POLICE [2019] NZHC 3427 [19 December 2019]
[1] On 22 July 2019, the appellant, Christopher Majury, was sentenced to 22 months’ imprisonment in the District Court1 in relation to two charges of breach of a protection order2 and two charges of breach of conditions of intensive supervision.3
[2] Mr Majury now appeals that sentence on the basis that there was an error in the sentence imposed on conviction, and a different sentence should be imposed, as:
(a)the sentence was manifestly excessive because:
(i)the starting point was too high, and
(ii)leave to apply for home detention was denied; and
(b)the sentencing Judge erred in imposing a special release condition that Mr Majury submit to GPS monitoring.
[3] It is well established that an appeal of this type must be allowed if the Judge is satisfied that there is an error in the sentence imposed on conviction and that a different sentence should be imposed.4 In any other case, the appeal must be dismissed.5 The measure of error is the sentence be “manifestly excessive”, a principle “well engrained” in the Court’s approach to sentence appeals.6 That is to be determined by reference to the final sentence, not the route adopted to reach it.7 How the sentence was structured is not material.8
Background facts
[4]Mr Majury is related to the victim.
1 Police v Majury [2019] NZDC 14362.
2 Domestic Violence Act 1995, ss 19(2)(b), 49(1)(b) and 49(3). Maximum penalty of three years’ imprisonment.
3 Sentencing Act 2002, s 70A. Maximum penalty of six months’ imprisonment or fine of $1,500.
4 Criminal Procedure Act 2011, s 250(2).
5 Section 250(3).
6 Tutakangahau v R [2014] NZCA 279, [2014] 3 NZLR 482 at [26]–[27], [33] and [35].
7 Ripia v R [2011] NZCA 101 at [15].
[5] On 12 January 2016, a temporary protection order was issued for the victim, against Mr Majury. A final protection order was made on 13 April 2016.
[6] On 9 September 2016, he was convicted of two charges of criminal harassment against the victim from the period 28 May 2015 to 7 January 2016. He was sentenced to 15 months’ imprisonment.
[7] On 11 December 2018, Mr Majury was found guilty of breach of a protection order by messaging the victim shortly after being released from prison (on 6 October 2016). He was sentenced to 18 months’ intensive supervision, together with judicial monitoring undertaken by Judge Earwaker.
[8] At the time of the current offending, Mr Majury was subject to both the protection…
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