IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE
CRI-2023-443-15
[2023] NZHC 1745
BETWEEN KINGI FLOYD MATCHITT
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 5 July 2023 Counsel:
N Bourke for the Appellant
H Bullock for the Respondent
Judgment:
5 July 2023
JUDGMENT OF GWYN J
Introduction
[1] The appellant, Kingi Matchitt, appeals his sentence1 of 25 months’ imprisonment in respect of two charges of burglary2 and one charge of theft3 against three victims in three separate incidents.
[2]Mr Matchitt pleaded guilty to all charges.
[3] The appellant has 35 previous convictions, the most serious being a burglary conviction for which he was sentenced to three years’ imprisonment. He has 15 previous convictions for burglary, seven previous convictions for shoplifting and three previous convictions for theft, although I note they are not recent convictions.
1 New Zealand Police v Matchitt [2023] NZDC 102320.
2 Crimes Act 1961, s 231(1)(a). The maximum sentence is 10 years’ imprisonment.
3 Sections 219 and 223(d). The maximum sentence is three months’ imprisonment.
MATCHITT v NEW ZEALAND POLICE [2023] NZHC 1745 [5 July 2023]
The offending
27 September 2022
[4] The offending leading to the theft charge and the first burglary charge occurred on 27 September 2022, at two separate addresses.
[5] At approximately 9.16 am the first victim was operating his business from his home in Murrays Bay, Auckland. The appellant drove onto the victim’s driveway and entered the victim’s shop. The appellant asked whether the victim sold jewellery or any other luxury items and the victim responded no, explaining that he only sells products relating to pets. The appellant asked for 15 dog harnesses. When the victim was retrieving the harnesses from the back of his shop, the appellant went to the front of the house and peered through a window before returning to the shop to check that the victim was still occupied, and then running to the front door. At the front door, the defendant grabbed a pair of Adidas Yeezy shoes, valued at $370, and put the shoes in his pants before walking back to his vehicle and driving away. The appellant was under the influence of cannabis at the time.
[6] Between 11.15 am and 11.41 am on the same day, the second victims’ address in Sunnynook, Auckland was burgled. The couple who lived in the house arrived home at 12.25 pm to find their property scattered around the house and a high-vis jacket in the lounge that neither victim owned. The appellant’s DNA was identified on the jacket. The appellant was identified on CCTV footage moving to and from the victims’ property, carrying several items out of the property on each occasion. The footage showed the appellant arriving in a high-vis vest and then leaving without one. The items stolen from the victims’ property had a combined value of $62,080. They included nine designer handbags, 10 pairs of designer shoes and one designer scarf. The appellant traded the stolen…
Continue reading Matchitt v Police
Sign in free to access the full text
- AGLC
- Matchitt v Police [2023] NZHC 1745
- Case
- [2023] NZHC 1745
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.