NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY SECTION 203 OF THE CRIMINAL PROCEDURE ACT 2011
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CRI 2014-488-16 [2014] NZHC 1675
BETWEEN TAMAINE MATANGARO MATAITI
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 17 July 2014 (by audio-visual link) Counsel:
L G Penney for Appellant
C A Anderson for RespondentJudgment:
17 July 2014
JUDGMENT OF HEATH J
This judgment was delivered by me on 17 July 2014 at 2.30pm pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors:
Crown Solicitor, Whangarei
Counsel:L G Penney, Kerikeri
MATAITI v NEW ZEALAND POLICE [2014] NZHC 1675 [17 July 2014]
Introduction
[1] Mr Mataiti was charged with two breaches of a protection order and one of wilful damage. They arose out of two distinct events, on 10 October 2013 and 20
March 2014 respectively. Pleas of guilty were entered to both charges and
Mr Mataiti was subsequently sentenced in the District Court at Whangarei on 2 May
2014.
[2] Judge McDonald imposed a term of imprisonment of 12 months on each of the two breach offences. Those sentences were to be served concurrently. On the wilful damage charge, Mr Mataiti was convicted and ordered to pay $120 in reparation. A direction was made that standard and special release conditions would
continue for six months after the sentence end date.1
[3] Mr Mataiti appeals against the sentences of imprisonment imposed on the two charges of breaching a protection order, on the grounds that the effective end sentence is manifestly excessive. The other orders are not challenged.
Appellate principles
[4] As the charges arose out of incidents that occurred after 1 July 2013, Mr Mataiti’s right of appeal against the sentence is governed by ss 244(1), 250 and
251 of the Criminal Procedure Act 2011 (the Act):
244 Convicted person's right of appeal against sentence
(1) A person convicted of an offence may appeal under this subpart to the first appeal court against the sentence imposed for that offence, unless the sentence is one fixed by law.
...
250 First appeal court to determine appeal
(1) A first appeal court must determine a first appeal under this subpart in accordance with this section.
(2) The first appeal court must allow the appeal if satisfied that—
(a) for any reason, there is an error in the sentence imposed on conviction; and
(b) a different sentence should be imposed.
(3) The first appeal court must dismiss the appeal in any other case.
251 Orders, etc, on successful first appeal
(1) This section applies if a first appeal court allows an appeal under this subpart.
(2) The first appeal court must, within the limits allowed by law,—
(a) set aside the sentence and impose another sentence (whether more or less severe) that it considers appropriate; or
(b) vary the sentence, vary any part of the sentence, or vary any condition of the sentence; or
(c) remit the sentence to…
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- Case
- [2014] NZHC 1675
- Decision Date
CaseChat Overview and Summary
The court noted that the concept of a "manifestly excessive" sentence is well-engrained and consistent with the statutory language. The court also noted that sentencing is not a science and that the approach is consistent with the fact that sentencing is not a science. The court found that the sentence imposed was not manifestly excessive and dismissed the appeal. The court did not make any orders varying the sentence or remitting it to the sentencing court.
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