IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CRI-2015-409-000121 [2016] NZHC 959
BETWEEN PAUL ALURED MATHIAS
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 10 May 2016 Appearances:
R W Maze for Appellant
H F McKenzie for CrownJudgment:
12 May 2016
JUDGMENT OF DUNNINGHAM J
[1] Mr Mathias appeals his sentence of 22 months’ imprisonment, along with an order disqualifying him from holding or obtaining a driver’s licence for two years and confiscating his 16 year old Audi motorcar, which was imposed on a charge of burglary.
[2] The initial notice of appeal was prepared by Mr Mathias himself. It alleged counsel incompetence leading to a miscarriage of justice and that the overall sentence was excessive because “mitigating factors in this case [were] not presented”.
[3] In due course, new counsel was appointed for the appellant and, after receipt of the transcript of the District Court hearing, the allegation of counsel incompetence
has been abandoned. The grounds of appeal which were advanced at hearing are:
MATHIAS v NEW ZEALAND POLICE [2016] NZHC 959 [12 May 2016]
(a) the Judge failed to apply the principle of parity, because the sentencing indication given to his co-offender started with a sentence of 18 months’ imprisonment, whereas his starting point was
20 months’ imprisonment;
(b)the Judge failed to expressly consider or acknowledge the mitigating factors of remorse;
(c) the Judge wrongly disqualified the appellant from holding or
obtaining a driver’s licence;
(d) the Judge wrongly ordered confiscation of his vehicle;
(e) in the alternative to (c) and (d) above, the Judge failed to apply the totality principle in respect of the combination of the term of imprisonment and the punitive orders made pursuant to ss 124 and
128 of the Sentencing Act 2000.
[4] As a consequence of any one or more of the above grounds being established, this resulted in a sentence that was manifestly excessive or wrong in principle, and a new sentence ought to be imposed.
The background facts
[5] At about 4.00 pm on 11 August 2015, Mr Mathias and his associate burgled a Christchurch house. Mr Mathias gained entry to the house through a kitchen window and let his associate in through the door. The two of them then rummaged through drawers and cupboards and took various items of value including jewellery and electronics. They packed the items into bags and left the property on foot carrying the stolen items. The items were then placed into the boot of Mr Mathias’ car, which was parked a short distance away and they drove away. The two offenders were stopped nearby by police and the stolen items were recovered from the boot of the car. Mr Mathias admitted his role in the burglary saying he did it because he needed money.
The appellant’s circumstances
[6] Mr Mathias has a number of previous convictions, including four drug related convictions, two violent offences and 15 dishonesty offences, including 13 previous burglary by day convictions. He was also subject to an order of…
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- Mathias v Police [2016] NZHC 959
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- [2016] NZHC 959
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