Milne v Police

In Milne v Police, the appellant, Edward Milne, appealed against his sentence of eight and a half months' imprisonment, imposed by Judge Jelaš at the Manukau District Court. Milne was found guilty of burglary, involving the theft of alcohol from a hotel's kitchen with an associate. The appeal was heard by Jagose J at the High Court of New Zealand, Auckland Registry. Milne's counsel argued that the starting point for sentencing was excessive and that the special release conditions imposed were ineffective and likely to lead to failure. The key legal issues were whether the sentence was manifestly excessive and whether the special release conditions were justified.

Jagose J found no error in the Judge's starting point of 10 months' imprisonment or in the subsequent discounts and uplifts applied. The starting point was within the appropriate range, considering the nature of the offence and Milne's criminal history. The court noted that the sentence was not manifestly excessive and was justified by the need to protect the public and facilitate Milne's rehabilitation. The imposition of special release conditions was also deemed appropriate, given Milne's history of alcohol-related offending and his need for mental health treatment. The appeal was dismissed, and the original sentence upheld.