IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2017-409-000154 [2018] NZHC 96
BETWEEN MARIE NAWA MATIU
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 8 February 2018 Appearances:
R Wood for the Appellant
S Bicknell Young for the Respondent
Judgment:
9 February 2018
JUDGMENT OF NATION J
[1] Ms Matiu was the volunteer manager of a Māori land trust in the Bay of Plenty. She managed the trust’s accounts and made payments. Between July 2011 and January 2015, she presented cash cheques 31 times, spending most of the money obtained on herself. She used some of the money to help others but this was also for her own benefit in that it was done to increase her mana with the people who benefited from those funds. She was sentenced to 10 months’ home detention on 13 November 2017. She appeals against that sentence.
Principles on appeal
[2] Appeals against sentence are allowed as of right by s 244 of the Criminal Procedure Act 2011, and must be determined in accordance with s 250 of that Act. An appeal against sentence may only be allowed by this Court if it is satisfied that there has been an error in the imposition of the sentence and that a different sentence should
MATIU v POLICE [2018] NZHC 96 [9 February 2018]
be imposed.1 As the Court of Appeal accepted in Tutakangahau v R, an appellate court “will not intervene where the sentence is within the range that can be properly be justified by accepted sentencing principles”, except where there has been an express arithmetical error.2 It is only appropriate for this court to intervene and substitute its own views if the sentence being appealed is “manifestly excessive” and not justified by the relevant sentencing principles.3 The focus on an appeal is on the end sentence.4
District Court decision
[3] The Judge began his sentencing with a summary of the nature of the offending mentioning that it involved a breach of trust. He referred to her list of previous convictions and the way they had intensified over the last four years, and that she had a problem with alcohol. He referred to the way she had betrayed her own people, difficulties that she had in her relationship but that she and her husband were now working together and anticipated making reparation payments at the rate of $50 per week.
[4]Against that background, the Judge said:
[5] I do think that a starting point of 18 months’ imprisonment is an initial starting place for me to commence the assessment of what is a suitable penalty but I take into account your plea of guilty and all the other circumstances that have been referred to in the submissions file. I am of the view that a home detention sentence is the most appropriate one and that this should be for a period of 10 months.
Appellant’s submissions
[5] Ms Wood submitted there was an error in calculating…
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CaseChat Overview and Summary
The Court considered the principles of sentencing, including the starting point sentence for the offending, and the appropriate discount for the appellant's guilty pleas. The Court also considered the mitigating and aggravating factors relating to the appellant personally, including her remorse and her offer to pay reparation at the rate of $50 per week. The Court found that the starting point sentence for the offending was between 18 and 22 months' imprisonment, and that the discount for guilty pleas was 25 per cent. The Court also found that there was no error in the District Court's decision not to make any adjustment for mitigating and aggravating factors relating to the appellant personally. The Court concluded that an appropriate sentence of home detention would have been between approximately six and a half months and eight months, and that the difference between the sentence imposed and what might have been a reasonably available sentence of around eight months was sufficient to persuade the Court that there was an error in the sentence that was imposed in the District Court.
The Court allowed the appeal, quashed the sentence of 10 months' home detention which was imposed in the District Court, and substituted a sentence of eight months' home detention on all the same conditions as were imposed with the original District Court sentencing.
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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