IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CRI-2022-409-37 [2022] NZHC 808
BETWEEN THERESSA PHILLIPA CHEREE NORMAN
Appellant
AND
THE QUEEN
Respondent
CRI-2022-409-38 BETWEEN
THERESSA PHILLIPA CHEREE NORMAN
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 12 April 2022 Appearances:
A J McKenzie for Appellant L Fiennes for Respondent
Judgment:
20 April 2022
JUDGMENT OF EATON J
This judgment was delivered by me on at pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
NORMAN v R [2022] NZHC 808 [20 April 2022]
Introduction
[1] Ms Norman pleaded guilty to Crown charges of robbery,1 theft under $500 (x2)2 and using a document for pecuniary advantage (x3).3 She also pleaded guilty to four police charges of theft under $500.4
[2] On 3 March 2022 Ms Norman was sentenced to two years and six months’ imprisonment by Judge Gilbert.5 She appeals this sentence on the grounds it is manifestly excessive.
Facts
Theft and using a document charges
[3] Between 10 December 2020 and 15 January 2021 Ms Norman stole groceries from New World. The total value of the groceries was $443.29.
[4] On 26 February 2021 Ms Norman stole meat products totalling $155.60 from Countdown.
[5] In the afternoon of 6 March 2021 Ms Norman stole a handbag containing bank cards from a parked car in Cashmere. She used the bank cards to buy goods at Z Energy Cashmere worth $171. Ms Norman then attempted to purchase a $200 Mitre 10 gift voucher from a supermarket and $49.99 worth of goods from Super Liquor, but the transactions failed.
[6] The next day Ms Norman used a bank card which had been stolen from a handbag in a parked car in the Groynes. She used the bank card to purchase goods from Z Energy Belfast worth $116.90. Ms Norman also attempted to use the bank card four times at New World Northwood but was only successful on one occasion. Also on 7 March 2021, Ms Norman used a credit card which had been stolen from a vehicle on Rapaki Road. She purchased $100 worth of goods from St Martins Garage,
1 Crimes Act 1961, ss 234 and 66; maximum penalty of 10 years’ imprisonment.
2 Section 219 and 223(d); maximum penalty of three months’ imprisonment.
3 Section 228(1)(b); maximum penalty of seven years’ imprisonment.
4 Section 219 and 223(d); maximum penalty of three months’ imprisonment.
5 R v Norman [2022] NZDC 3675.
$200 worth of goods from Mitre 10 and $600 worth of goods from Countdown Colombo Street. Ms Norman also attempted to purchase $266.35 worth of KFC.
[7] On 8 March 2021 Ms Norman stole $25.90 worth of herbs and cheese from Countdown Eastgate.
Robbery charge
[8] In the morning of 17 April 2021 Ms Norman and her partner, Mr Tairi, went to the victim’s home, where she lives with her three children. They had known the victim for about two years and were let into the house by her three-year-old…
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- AGLC
- Norman v The the Queen [2022] NZHC 808
- Case
- [2022] NZHC 808
- Decision Date
CaseChat Overview and Summary
The court considered the appellant's submissions, which included that the uplift for previous convictions and offending while on sentence was excessive, and that there was a mathematical error in calculating the end sentence. The court also examined whether the Judge failed to consider the totality principle and dismissed the appellant's letter of apology, display of remorse, and willingness to attend restorative justice. The court found that the 15 per cent uplift was excessive, but the sentence of two years and six months' imprisonment was not manifestly excessive. Consequently, the appeal was dismissed.
In conclusion, the High Court of New Zealand upheld the sentence imposed on Theresa Philippa Cheree Norman for her criminal activities, including robbery, theft, and using a document for pecuniary advantage. The court found that the sentence was not manifestly excessive and dismissed the appeal.
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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