IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
CRI 2015-454-000022 [2015] NZHC 2742
BETWEEN ANGUS MCKENZIE
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 5 November 2015 Counsel:
M Andrews for Appellant
M J R Blaschke for RespondentJudgment:
6 November 2015
JUDGMENT OF BROWN J
[1] Mr McKenzie pleaded guilty to eight charges as set out in the table below. He was sentenced as follows by Judge Smith on 25 August 2015 in the District Court
at Palmerston North:1
Date Offence
Section
Maximum penalty
Sentence imposed
30 January 2015
Theft (less than
$500)
Crimes Act 1961, ss 219 and 223(d)
Three months’
imprisonment
1 ½ months’
imprisonment
5 February 2015
Failure to answer police bail
Bail Act 2000, s 24
Three months’
imprisonment;
fine not exceeding
$1,000¾ month imprisonment
9 February 2015
Theft (less than
$500)Crimes Act 1961, ss 219 and 223(d)
Three months’
imprisonment1 ½ months’
imprisonment12 and 19
February 2015
Breaching conditions
Sentencing Act
2002, s 96
One year imprisonment;
fine not exceeding
$2,000
1 ½ months’
imprisonment
1 Police v McKenzie [2015] NZDC 16947.
MCKENZIE v NZ POLICE [2015] NZHC 2742 [6 November 2015]
22 February 2015 Theft (less than
$500)Crimes Act 1961, ss 219 and 223(d)
Three months’
imprisonment1 ½ months’
imprisonment26 February 2015
Breaching conditions
Sentencing Act
2002, s 96One year imprisonment;
fine not exceeding
$2,000
2 ¼ months’
imprisonment13 March 2015
Theft (less than
$500)Crimes Act 1961, ss 219 and 223(d)
Three months’
imprisonment1 ½ months’
imprisonment28 May 2015
Failure to answer bail
Bail Act 2000, s 38
One year imprisonment;
fine not exceeding
$2,0001 ½ months’
imprisonmentTotal cumulative sentence
12 months’
imprisonment
[2] Each of the sentences was imposed cumulatively with the consequence that the ultimate sentence was a total of 12 months’ imprisonment.
Facts of the offending
[3] Mr McKenzie was released from prison on 14 January 2015 and was subject to release conditions. The facts of each charge in chronological order are as follows.
30 January 2015 – Theft
[4] On the afternoon of 30 January Mr McKenzie went to Countdown on Kimbolten Rd in Feilding. He took two Countdown chiller bags with him around the store and filled them with grocery items. He left the store with the bags without paying for the items, setting the door alarms off. He ran but was apprehended by Countdown staff not far from the store. He made the comment that “I didn’t have any money and was hungry”. There was $358.20 worth of groceries in the chiller bags.
5 February 2015 – Failure to answer police bail
[5] Mr McKenzie was placed on police bail following the 30 January incident, and failed to appear at Court on 5 February.
[6] On the afternoon of 6 February Mr McKenzie went to Melody’s New World in Palmerston North. He took a chiller bag from near the checkouts and placed some chilled pizzas and packets of bacon inside before leaving…
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