Meyer v Police - [2018] NZHC 3434

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2018-404-352

[2018] NZHC 3434

BETWEEN
VINCENT MEYER

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing: 17 December 2018

Appearances:

M N Pecotic for Appellant

Y H Olsen & B C L Charmley for Appellant

Judgment:

20 December 2018

JUDGMENT OF PAUL DAVISON J

This judgment was delivered by me on 20 December 2018 at 3:00 pm Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Kayes Fletcher Walker, Auckland

MEYER v POLICE [2018] NZHC 3434 [20 December 2018]

Introduction

[1] Vincent Meyer pleaded guilty to one charge of possessing a false New Zealand passport1 and on 12 September 2018 he was sentenced by Judge Harvey in the Manukau District Court to 18 months’ imprisonment.2

[2] Mr Meyer now appeals against his sentence on the grounds that it is manifestly excessive, in that the starting point adopted by Judge Harvey was too high and insufficient credit was given for remorse and other personal factors.

[3] The appeal was filed out of time, and Ms Pecotic has explained that communication between Mr Meyer and herself proved difficult following his custodial relocation following sentencing. The Police do not oppose the extension of time for filing and I extend time accordingly.3

The offending

[4] Mr Meyer is 28 years old and holds dual Australian and New Zealand citizenship. On 24 July 2017, he pleaded guilty to one charge of wounding with intent to cause grievous bodily harm in Australia. He was given one day to get his affairs in order before being imprisoned. The following day, on 25 July 2017, he left Australia using a passport that had been issued on 7 July 2017 in the name of Asola Salapo. Asola Salapo is an Australian-based individual whose relationship to Mr Meyer is unknown.

[5] Approximately a year later, on 14 June 2018, Mr Meyer arrived at Auckland International Airport on a flight from Bali. He presented the passport in the name of Asola Salapo to New Zealand Customs for the purposes of gaining entry to New Zealand, but was arrested before he was able to leave the airport. In explanation, he admitted he was Vincent Meyer and was using a false passport in the name of Asola Salapo. However, he declined to offer an explanation as to how and when he obtained the passport.

1      Passport Act 1992, s 29A(1)(c); maximum penalty 10 years’ imprisonment.
2      Police v Meyer [2018] NZDC 19585.
3      Criminal Procedure Act 2011, s 284(4).

Mr Meyer’s personal circumstances

[6] Mr Meyer is 28 years old and has no criminal convictions in New Zealand, although the police advise that he has a criminal history in Australia which includes convictions for violence. No further details have been provided regarding his Australian history.

[7] In his interview with the author of the pre-sentence report, Mr Meyer disclosed an affiliation with the Comancheros gang, and said that the offending in Australia to which…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Meyer v Police

Details

AGLC: Meyer v Police [2018] NZHC 3434
Case: [2018] NZHC 3434
Decision Date: 20 December 2018

CaseChat Overview and Summary

Vincent Meyer appeals against his sentence for possessing a false New Zealand passport. Meyer pleaded guilty to the charge and was sentenced by Judge Harvey in the Manukau District Court to 18 months’ imprisonment. Meyer’s appeal is that the starting point was too high and insufficient credit was given for his remorse and other personal factors. The court must allow an appeal against sentence if satisfied that for any reason there is an error in the sentence imposed, and that a different sentence should be imposed. In deciding whether to impose a different sentence, the court does not simply substitute its own view for that of the original sentencing Judge. Rather, it must be shown that the sentence is manifestly excessive or wrong in principle. The court found that the starting point of two years’ imprisonment was within range. The court also found that the Judge erred by declining to give a discount for remorse, but a discount of no more than one to two months would have been warranted and necessary to recognise this factor. The final sentence would not differ to any significant degree. The appeal is dismissed.

Orders