Minchin v Police

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IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CRI-2017-454-11 [2017] NZHC 2004

BETWEEN

KYLIE JASMINE MINCHIN

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 21 August 2017

Counsel:

J A Younger for Appellant
J J Harvey for Respondent

Judgment:

22 August 2017

JUDGMENT OF THOMAS J

Introduction

[1]      On 27 June 2017, the appellant, Kylie Minchin, was sentenced to six months’

imprisonment on three charges of theft by shoplifting of items valued at less than

$500.1     The maximum penalty in respect of each charge is three months’ imprisonment.2      Given  her  personal  circumstances,  which  included  the  terminal illness of her partner, Ms Minchin was admitted to bail pending her appeal against sentence.

[2]      Ms Minchin appeals against the sentence on the grounds it was manifestly excessive.

Factual background

[3]      Ms Minchin is 37 years old.   She lives with her partner and four year old great niece, for whom she cares permanently.

1      Police v Minchin [2017] NZDC 13925.

2      Crimes Act 1961, s 223(d).

MINCHIN v NEW ZEALAND POLICE [2017] NZHC 2004 [22 August 2017]

[4]      Ms Minchin committed three separate acts of shoplifting.  On 6 November

2017, she stole milk, chocolate and potato chips valued at $37.48 from a Z-Energy petrol station.  She has since paid reparation.  On 19 February 2017, while on bail for the earlier offending, Ms Minchin stole meat and razor blades with a value of $90 from a New World store.   On 13 April 2017, Ms Minchin stole stamp collecting items valued at $100 from a New Zealand Post store.

[5]      Ms  Minchin  pleaded  guilty to  each  charge  at  early opportunities:  at  the second appearance following disclosure for the first; at a case review hearing for the second; and at the first appearance for the third.

[6]      Ms Minchin has over 70 convictions amassed over 19 years.   Over half of these relate to theft.   She has variously been sentenced to community work, supervision, community and home detention, and imprisonment.  Her latest sentence, imposed for theft under $500, was one month and two weeks’ home detention, with standard and special conditions.

Pre-sentence report

[7]      The pre-sentence report recommended home detention with post-sentence conditions for at least six months.  The conditions were to attend alcohol and drug assessments,  to  attend  a psychological  assessment,  and  to  attend  any treatment, counselling, or programmes as recommended by those assessments or by a probation officer.

[8]      The writer considered Ms Minchin to have a low risk of harm to others, but high risk of reoffending.   The writer noted there had been no escalation in her offending.      She   had   recently   completed   a   home   detention   sentence   with post-detention conditions successfully.   This, combined with her remorse to her victims, led the writer to assess her willingness and ability to comply with such a sentence as high.   That sentence would limit her ability to shoplift, hold her accountable, and provide rehabilitative measures suited to her current problems, which were assessed as alcohol and drug use, and offending-supportive attitudes. The writer did, however, acknowledge that a…

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Details
Case
[2017] NZHC 2004
Decision Date

CaseChat Overview and Summary

In Minchin v Police, Kylie Minchin appealed against the sentence of six months' imprisonment imposed by the District Court for three shoplifting charges, each involving items valued at less than $500. The High Court was required to decide whether the sentence was manifestly excessive and whether the District Court erred in not considering a sentence of home detention.

The Court held that the sentence was manifestly excessive because it did not adequately account for mitigating factors such as Minchin's early guilty pleas and her difficult personal circumstances, including the terminal illness of her partner. The Court found that the appropriate global starting point should have been five months' imprisonment, but a significant discount for the guilty plea and the mitigating circumstances brought the appropriate sentence to around three and a half months' imprisonment. Additionally, the Court found an error in the District Court's failure to consider a sentence of home detention as a less restrictive alternative, especially given the short duration of the sentence and the potential for rehabilitation.

The High Court allowed the appeal and substituted the sentence with one of eight weeks' home detention with special conditions aimed at addressing Minchin's rehabilitative needs. These conditions included attending alcohol and other drug assessments, psychological assessments, and any recommended treatment or programmes.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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