IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CRI-2022-425-09
[2022] NZHC 1802
BETWEEN BENJAMIN RENATA McLEAN
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 25 July 2022 Appearances:
J A T Ross for Appellant
W T Chapman for Respondent
Judgment:
25 July 2022
ORAL JUDGMENT OF OSBORNE J
Introduction
[1] Benjamin McLean pleaded guilty to and was convicted of seven sets of offending, totalling 19 charges, on 19 October 2021 and 23 December 2021. These are charges of failing to stop,1 dangerous driving,2 theft,3 breach of community work,4 wilful damage,5 breach of a protection order,6 assault on a person in a family
1 Land Transport Act 1998, ss 52A(1)(a)(ii), (2), (3), and (6), and 114(2): maximum penalty a fine not exceeding $10,000 and a mandatory disqualification for six months.
2 Section 35(1)(b) and (2): maximum penalty three months’ imprisonment or a fine not exceeding
$4,500 and a mandatory disqualification for six months or more.
3 Crimes Act 1961, ss 219 and 223(b), (c) and (d): maximum penalty variously seven years’ imprisonment, one year’s imprisonment or three months’ imprisonment.
4 Sentencing Act 2002, s 71(1)(f): maximum penalty three months’ imprisonment or a fine not exceeding $1,000.
5 Summary Offences Act 1981, s 11(1)(a): maximum penalty three months’ imprisonment and a fine not exceeding $2,000.
6 Family Violence Act 2018, ss 9, 90(a), and 112(1)(a) and (b) and (3): maximum penalty three years’ imprisonment.
McLEAN v NEW ZEALAND POLICE [2022] NZHC 1802 [25 July 2022]
relationship7 and assault with a weapon.8 Mr McLean was sentenced by Judge Brandts-Giesen to home detention for eight months and two weeks and 80 hours of community work on 24 March 2022.9 Mr McLean appeals that sentence.
Facts
[2] Mr McLean committed a number of offences on seven occasions in a seven month period in 2021.
[3]The tranches were:
(a)Tranche A — four counts of theft (value under $500), driving in a dangerous manner (representative), and failing to stop when followed by red and blue flashing lights (representative)
(b)Tranche B — theft (value under $500)
(c)Tranche C — theft (value over $1,000), theft (value under $500) and breach of community work.
(d)Tranche D — theft (value under $500)
(e)Tranche E — assault on person in family relationship, three counts of contravening a protection order, wilful damage and assault with a weapon
(f)Tranche F — theft (value over $1,000)
(g)Tranche G — theft (value between $500 and $1,000).
7 Crimes Act, s 194A: maximum penalty two years’ imprisonment.
8 Section 202C: maximum penalty five years’ imprisonment.
9 Police v McLean [2022] NZDC 5134.
District Court decision
[4] Mr McLean accepted two different sentence indications, one from Judge Walker for tranches A and B of offending, and one from Judge Brandts-Giesen for the other tranches of offending. When Judge Brandts-Giesen sentenced Mr McLean, he considered both sentence indications, and also added a home detention sentence in remitting Mr McLean’s outstanding fines.
[5]The sentence the Judge imposed is reflected in my Table…
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