Morris v Police

[2018] NZHC 1791

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2018-409-000062

[2018] NZHC 1791

BETWEEN

MICHAEL MORRIS

Applicant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

19 July 2018

Appearances:

A Kelland for Appellant

S Bicknell Young for Respondent

Judgment:

19 July 2018

ORAL JUDGMENT OF VENNING J

Solicitors/Counsel:           A C Kelland, Christchurch

Raymond Donnelly & Co, Christchurch

MICHAEL MORRIS v NEW ZEALAND POLICE [2018] NZHC 1791 [19 July 2018]

[1]    Michael Morris, the appellant, is unfortunately a recidivist offender. A number of different interventions have been tried to no effect.

[2]    On 2 July he was before the Court for sentence having pleaded guilty to charges of unlawfully getting into a motor vehicle, breaching bail, and failing to report to Probation. Judge G S MacAskill sentenced him to 12 months’ imprisonment.1 It is apparent from the Judge’s sentencing notes that in imposing the term of imprisonment the Judge was aware that Mr Morris had spent a lengthy period of time in prison and that the sentence would in the Judge’s view effectively amount to time served. The Judge said:

[6] The outcome is on the lead charge of unlawfully getting into a motor vehicle you are sentenced to imprisonment for 12 months. Because you have already done seven months, that leaves room for error, as it were, with respect to the net sentence of six months that you would have to serve on that charge.

[3]    The Judge imposed concurrent terms of 14 days on the breach of bail and three months on the breach of release conditions.

[4]    Mr Morris has appealed. According to the calculations carried out by Corrections Mr Morris actually had to spend a further 28 days in custody in order to serve the 12 months’ sentence imposed by the Court. At the time of the sentence Mr Morris was serving another sentence.

[5]    In the circumstances the respondent responsibly does not oppose the appeal. Counsel acknowledged that there appears to have been an error to the extent that the Judge proceeded on the basis the effect of the sentence would be that Mr Morris would be effectively due for immediate release. That was not the case.

[6]    The appeal is allowed. The sentence of 12 months is quashed and replaced with a sentence of nine months. That will achieve the result the Judge intended. The

1      New Zealand Police v Morris [2018] NZDC 13121.

concurrent sentences on the other charges remain, as do the existing conditions imposed under the previous sentence.

Venning J