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…
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- [2019] NZHC 2123
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