IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CRI 2011-404-000435 [2012] NZHC 104
NICHOLAS CHARLES MCKERNAN
v
NEW ZEALAND POLICE
Hearing: 3 February 2012
Counsel: N McDonald for the Appellant
Y Clarisse for the Respondent
Judgment: 10 February 2012 at 3:30 PM
[RESERVED] JUDGMENT OF WYLIE J
This judgment was delivered by Justice Wylie
On 10 February 2012 at 3.30 pm
Pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Date:
Distribution:
Y Clarisse – respondent – yvanca.clarisse@meredithconnell.co.nz
N McDonald – appellant – fax: 09 579 6087
MCKERNAN V POLICE HC AK CRI 2011-404-000435 10 February 2012
[1] On 27 June 2011, the appellant, Mr McKernan, burgled the Cockle Bay School, contrary to s 231(1)(a) of the Crimes Act 1961. He was charged along with a Mr Carl Unvericht on a count of burglary. Mr McKernan was also charged with being unlawfully on premises.
[2] Mr Unvericht entered a plea of guilty to the charge of burglary on 13 June
2011. He was sentenced by Judge AJ Johns to a sentence of 100 hours’ community
work.
[3] Mr McKernan entered a plea of guilty to the burglary charge on 16 August
2011, and to the charge of being unlawfully on premises. He was convicted on both counts and on 22 November 2011, he was sentenced by Judge Cooper to 14 months’ imprisonment in relation to the burglary. He was discharged on the other count.
[4] Mr McKernan now appeals against his sentence on the burglary conviction.
Factual Background
[5] At about 4.45 am on 27 June 2011, Messrs McKernan and Unvericht were at an associate’s house in Howick. Mr Unvericht agreed to drive Mr McKernan to the Cockle Bay area so that Mr McKernan could burgle the Cockle Bay School.
[6] Mr Unvericht drove the vehicle to Sandspit Road. He then parked. Mr McKernan got out of the vehicle. Mr Unvericht waited in the car.
[7] Mr McKernan went to the door of a classroom at the school, and used a screwdriver to jimmy it open. He then entered the classroom. He was rummaging through the classroom cupboards and table drawers when he was seen by a security guard. He then ran from the scene. He was located by the police in bushes at the rear of the premises a short time later and arrested.
[8] After seeing police in the area, Mr Unvericht left the area and returned to his home address. He was later located and arrested by the police.
[9] When the police spoke to him, Mr McKernan admitted to burgling the school. In explanation, he stated that he was looking for anything electronic to steal. He said that he intended to sell the items to pay for drugs. Mr Unverricht for his part admitted that he knew Mr McKernan was going to burgle and steal from the school, and that he agreed to drive him there and wait for him.
[10] Nine laptop computers and two digital cameras were stolen from the school,…
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- Case
- [2012] NZHC 104
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