Muhinda v Police

Link copied
Case Copied 14 min read

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-409-000070 [2015] NZHC 2024

BETWEEN

MARTIN MUHINDA

Appellant

AND

NEW ZEALAND POLICE Respondent

Hearing: 25 August 2015

Appearances:

P Johnson for Appellant
AMS Williams and A Trinder for Crown

Judgment:

26 August 2015

JUDGMENT OF DUNNINGHAM J

Background

[1]      Mr  Muhinda  appeals  his  sentence  on  seven  charges  arising  out  of  four separate incidents.

[2]      The end sentence was imposed on Mr Muhinda on 5 June 2015, totalled

2 years and 2 weeks imprisonment.1

[3]      The appellant now appeals the decision on the following grounds:

(a)       the starting point of eight months adopted for the May 2014 offending was manifestly excessive;

(b)the  starting  point  of  18  months  adopted  for  the  January  2015 offending was manifestly excessive;

1      Police v Muhinda [2015] NZDC 10385.

MUHINDA v NEW ZEALAND POLICE [2015] NZHC 2024 [26 August 2015]

(c)       Judge  Couch  did  not  give  sufficient  recognition  to  the  mitigating factors of the appellant; and

(d)Judge Couch failed to properly adjust the end sentence to account for the principle of totality.

Principles on appeal

[4]      This is an appeal under s 244 of the Criminal Procedure Act 2011.   Under s 250 of the Act, the appeal must be allowed if the Court is satisfied that for any reason there is an error in the sentence imposed and a different sentence should be imposed.2  The Court must dismiss the appeal in any other case.3

[5]      While s 250 makes no reference to the principle that a sentence is in error if it is “manifestly excessive”, it is accepted by the Courts that it is an error which could justify an appeal being allowed against sentence.4

The offending

First driving whilst disqualified (third and subsequent) and resisting police

[6]      On  2  May  2014  Mr  Muhinda  was  driving  a  car  on  Chester  Street  in Christchurch when he was pulled over by the police.  Earlier that year, in February, Mr Muhinda had been disqualified from holding a driver licence for 13 months. When the police attempted to arrest the appellant, he tried to run away and then resisted arrest and struggled with the police when they tried to handcuff him.

[7]      Mr Muhinda was found guilty of the following charges:

(a)       driving whilst disqualified (third or subsequent);5 and

(b)      resisting police.6

2      Section 250(2).

3      Section 250(3).

4      Tutakangahau v R [2014] NZCA 279 at 35.

5      Land Transport Act 1998, s 32(1) and (4).

6      Summary Offences Act 1981, s 23(a).

Wilful damage

[8]      On 21 December 2014, Mr Muhinda was at the home of another person.  He had  been  drinking  heavily all  night  and  was  extremely intoxicated.    Somehow, undoubtedly  due  to  his  extreme  intoxication,  he  wrongly  formed  a  view  that someone  had  taken  money  belonging  to  him.    He  flew  into  a  rage,  smashing windows of the apartment and punching and kicking holes in the walls.  Mr Muhinda

was charged with wilful damage.7

Common assault

[9]      On 5 January 2015, Mr Muhinda was on Rolleston Avenue when a parking infringement…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Muhinda v Police and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2015] NZHC 2024
Decision Date

CaseChat Overview and Summary

Martin Muhinda appeals against his sentence imposed on seven charges arising from four separate incidents, totalling two years and two weeks imprisonment. The appeal grounds include that the starting point of eight months for the May 2014 offending and the starting point of 18 months for the January 2015 offending were manifestly excessive, that the judge did not give sufficient recognition to mitigating factors, and that the judge failed to properly adjust the end sentence to account for the principle of totality. The court found that while the starting point for the May 2014 charge was within the range of what was available, the starting point for the January 2015 charge was too high, and a two-month uplift would have been appropriate. The court also found that the totality principle was not properly taken into account when imposing the final sentence. The appeal was allowed, and a sentence of 21 months’ imprisonment was imposed, with certain charges to be served concurrently rather than cumulatively. The court considered a prison sentence appropriate due to the need for a deterrence factor and to take the appellant out of the circumstances which led him to repeatedly offend.

Solicitors for the appellant were from the Public Defence Service, Christchurch, and for the respondent were from Raymond Donnelly & Co., Christchurch.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.