| NOTE: PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985. |
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA517/2014 [2015] NZCA 212 |
| BETWEEN | CRAIG RICHARD PHILPOT |
| AND | THE QUEEN |
| Hearing: | 30 April 2015 |
Court: | French, Simon France and Clifford JJ |
Counsel: | K H Cook for Appellant |
Judgment: | 4 June 2015 at 11.00 am |
JUDGMENT OF THE COURT
The application for an extension of time in which to bring an appeal against sentence is declined.
____________________________________________________________________
REASONS OF THE COURT
(Given by Clifford J)
Introduction
The appellant, Craig Richard Philpot, pleaded guilty to two representative charges of sexual conduct with a young person under 16, two representative charges of meeting a young person following sexual grooming and one specific charge of driving with excess breath alcohol (his fifth conviction for drink driving). That offending all occurred in 2011.[1]
[1]There is some confusion as to whether all the sexual charges Mr Philpot faced were, indeed, representative. They were described as such by the sentencing Judge, and by the Crown. For Mr Philpot, Mr Cook referred to the second charge of “grooming” as being a specific charge. Little turns on that distinction for the purposes of this appeal, and we adopt the classification used by the Judge and by the Crown.
Mr Philpot was sentenced by Judge Crosbie in the Christchurch District Court on 22 June 2012 to six years and seven months’ imprisonment.[2] Mr Philpot now applies for an extension of time in which to bring an appeal against that sentence. Mr Philpot says there are good reasons why his appeal is out of time and that his sentence is manifestly excessive.
Facts
[2]R v Philpot DC Christchurch CRI-2010-009-11997, 22 June 2012.
Mr Philpot’s sexual offending involved two female victims under the age of 16, S and K.
Mr Philpot met S towards the end of 2010 through an intimate relationship he had formed with her mother, C. S was aged 13 at the time, Mr Philpot was 32.
On the afternoon of 28 January 2011, C asked Mr Philpot to look after S while C went to the doctors. C did not want to leave S at home alone. Over the next few hours, Mr Philpot drove S to different pubs around Christchurch. He took S inside, buying her lemonade and occasionally adding vodka to her drink whilst he drank beer.
In the late afternoon, C began texting both Mr Philpot and S to find out where they were, what they were doing and what time they would be back. Mr Philpot told S not to text her mother back, and S did not. C then began ringing both Mr Philpot’s and S’s mobile phones. She contacted her former partner, S’s father. Around about 10 pm that evening, S’s father also began ringing her phone. Mr Philpot told S to ignore the calls from both her parents.
Throughout this time and into the early…
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- AGLC
- Philpot v The Queen [2015] NZCA 212
- Case
- [2015] NZCA 212
- Decision Date
CaseChat Overview and Summary
The Court of Appeal declined Philpot's application for an extension of time to bring his appeal against sentence.
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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