IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2017-404-238
CRI-2017-404-239 [2017] NZHC 2602
BETWEEN TAHJ OLDHAM
Appellant
AND
NEW ZEALAND POLICE Respondent
Hearing: 9 October 2017 Appearances:
S Brickell for the Appellant
K E Tuialii for the RespondentJudgment:
25 October 2017
JUDGMENT OF VAN BOHEMEN J
This judgment was delivered by me on 25 October 2017 at 11.30 am pursuant to
Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Counsel/Solicitors:
Public Defence Service, Auckland
Kayes Fletcher Walker, Manukau
TAHJ OLDHAM v NEW ZEALAND POLICE [2017] NZHC 2602 [25 October 2017]
Introduction
[1] On 7 April 2017, Mr Oldham was sentenced by Judge Jonathan Moses in the Auckland District Court to 4 years and 4 months’ imprisonment after pleading guilty to 10 charges of receiving stolen property, assault with intent to injure, unlawful entry into a motor vehicle and breach of release conditions. The sentences imposed on those charges were:
(a) Receiving (six counts, lead charge): 3 years, 6 months’ imprisonment;
(b) Receiving: 8 months’ imprisonment (concurrent);
(c) Assault with intent to injure: 8 months’ imprisonment (cumulative);
(d) Unlawfully getting into motor vehicle: 8 months’ imprisonment
(concurrent);
(e) Breach of release conditions: conviction and discharge.
[2] Having decided those sentences, the District Court Judge then imposed a
minimum period of imprisonment of two years and six months’ imprisonment.
Facts
[3] I adopt the summary of the offending outlined in the Judge’s sentencing
notes:1
[1] Mr Oldham, you are for sentence on a large number of charges before me today. You have been charged and have pleaded guilty to receiving a number of expensive motor vehicles between 10 and 13 October last year [2016].
[2] A commercial premises was broken into in Penrose which stored recently imported motor vehicles, it was broken into at some stage between 8 and 10 October by cutting a large hole in a chain-linked fence. Persons entered into the office area and obtained keys to between 30 and 40 vehicles and they were taken. You received a number of vehicles from persons unknown, they included a Porsche motor vehicle valued at $50,000, a Land Rover valued at $50,000, two Mercedes Benz motor vehicles each valued at
1 Police v Oldham [2017] NZDC 7639.
$60,000, an Audi valued at $40,000, there is also a Maserati motor vehicle valued at $180,000. That meant you were in receipt of some $440,000 worth of stolen motor vehicles.
[3] Subsequently on 20 November last year you were at home with your then partner, an argument erupted between the two of you and you then grabbed her, forced her on the floor of the bedroom, you punched her a number of times while she lay on the floor and used your hands to cover her mouth to stop her from screaming. You then walked out of the house taking her car keys, she followed you and was kicked in the right shin area, she went to a neighbour’s house to…
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- AGLC
- Oldham v Police [2017] NZHC 2602
- Case
- [2017] NZHC 2602
- Decision Date
CaseChat Overview and Summary
Final orders[30] (a) The appeal is allowed; and(b) The minimum period of imprisonment directed by the District Court is quashed and a minimum period of imprisonment of one year and eight months’ imprisonment is substituted. The rest of the sentence stands.
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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