Price v Police - [2019] NZHC 2123

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2019-443-22

[2019] NZHC 2123

BETWEEN
LEIGH BRYAN PRICE

Appellant

AND

THE NEW ZEALAND POLICE

Respondent

Hearing: 20 August 2019

Appearances:

J M Woodcock for Appellant J E Bourke for Respondent

Judgment:

20 August 2019

JUDGMENT OF GRICE J

Background1

[1] Mr Price was sentenced to 10 months’ home detention in the District Court on 5 July 2019.2 He had earlier entered pleas of guilty on the following four charges:

(a)Two charges of possession of a cannabis plant;3

(b)One charge of presenting an imitation firearm;4 and

(c)One charge of possessing an imitation firearm while committing the offence of threatening grievous bodily harm.5

1      This decision was delivered orally on 20 August 2019. The written form has been edited and footnoted before distribution.
2      R v Price [2019] NZDC 13061.
3      Misuse of Drugs Act 1975, ss 7(1)(a) and 7(2); maximum penalty of three months’ imprisonment or $500 fine.
4      Arms Act 1983, s52(2); maximum penalty of three months’ imprisonment or a fine of $1,000.
5      Section 54(2); maximum penalty of five years’ imprisonment.

LEIGH BRYAN PRICE v THE NEW ZEALAND POLICE [2019] NZHC 2123 [20 August 2019]

[2] Mr Price appeals his sentence on the grounds the sentence was manifestly excessive as the Judge erred by adopting a starting point that was too high.

Background

[3] The four charges against Mr Price arose from two separate incidents. The first charges of presenting an imitation firearm and possessing a cannabis plant arose on 16 January 2019. The second group of charges for possessing an imitation firearm while threatening grievous bodily harm and possessing a cannabis plant arose on 24 March 2019.

16 January 2019

[4] In relation to the events on 16 January 2019, in the early afternoon Mr Price was at home when the victim called in at his address to confront him about selling cannabis to children in the area. Mr Price came outside holding a “glock” style pistol in his right hand. He pointed it in the air and fired it twice. The victim was terrified and fled from the address as she feared for her life. She called the police who located Mr Price and searched his address. They discovered two race starter pistols with blank cartridge cases and 76 grams of cannabis. In an explanation for his offending, he said the cannabis was his for personal use and that he had not seen any “lady”.

24 March 2019

[5] On 24 March 2019 Mr Price became involved at a street argument in New Plymouth. He had parked his car. The victim parked his car behind Mr Price’s car and got out. When the victim began to walk away, Mr Price approached him. He yelled at the victim, then returned to his car to reach for his imitation pistol. He then pointed it at the victim before firing it three times in the victim’s direction. The victim tried to get…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] NZHC 2123
Decision Date: 20 August 2019

CaseChat Overview and Summary

The High Court of New Zealand heard an appeal by Leigh Bryan Price against his sentence for several drug and firearms offences. The District Court had sentenced Mr Price to 10 months’ home detention. Mr Price appealed on the basis that the sentence was manifestly excessive due to the Judge adopting a starting point that was too high. The court was required to determine whether the sentence imposed by the District Court was within the appropriate range, considering the relevant factors and the final sentence. The High Court found that the District Court had erred in adopting a starting point that was too high. The court concluded that a more appropriate starting point would be 14 months’ imprisonment, taking into account the totality of the offending, the fact that the offences occurred while Mr Price was on bail, and his criminal history. After applying the appropriate discounts for Mr Price’s guilty plea and personal circumstances, the High Court substituted the original sentence with a sentence of seven months’ home detention on the lead charge of possessing a firearm while threatening grievous bodily harm and one month home detention on each of the other charges, all to be served concurrently. The destruction orders in the District Court decision were confirmed.

Orders